RAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 is before this Court seeking anticipatory bail in Crime No.24 of 2019 of Shirahatti Police Station for the offences punishable under Sections 506, 323, 504 R/w. Sec. 34 of the Penal Code and also Sections 3(1)(r)(s)(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2018.

(2.) I have heard the learned counsel appearing for the parties and also the learned HCGP for the respondent No.1-State.

(3.) The gist of the complaint is that, on 08.02.2019 at about 11.00 am, when the complainant's wife was going to their land, petitioner/accused No.1, who was standing in front of his finance shop called her and asked about repayment of Rs.500.00 loan taken by them. The wife of the complainant informed that she will inform her husband and arrange to repay the amount. It is further alleged in the complaint that, the petitioner/accused further told the wife of the complainant that her husband is interfering in the land transaction between himself and one Devappa Fakirappa Kodli and even not permitting the petitioner to use the land for approaching his property. It is further alleged that, even though he had financed the complainant and his wife, they have not voted for him and they are not trustworthy and they have backstabbed him. In that light, on 09.02.2019 at about 9.00 pm, when the wife of the complainant informed about the incident which has been taken place on 08.02.2019, accused No.1 was called by the complainant and he did not reply. As such the complainant himself went to the office of the petitioner/accused and enquired about the statement made before his wife. At that time, the accused assaulted the complainant, insulted him and abused him by taking the name of the caste. It is further alleged that the accused No.2 was also present at that time and he also assaulted the complainant. On the basis of the complaint, a case has been registered.