BHARAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioners/accused Nos.1 to 4 under Sec. 438 Crimial P.C. praying to release them on anticipatory bail in Crime No.59/2019 of Malamaruti Police Station for the offences punishable under Sections 324, 109 R/w. Sec. 34 of the Penal Code and also Sections 3 (2) (va) of the SC & ST (Prevention of Atrocities) Act, 1989 ('the SC/ST Act', for short).

(2.) I have heard the learned counsel appearing for the petitioners and also the learned HCGP for the respondent-State. Though notice has been served on the complainant, he has remained absent.

(3.) The genesis of the complaint are that, on 04.05.2019, after finishing his official work at about 8.00 pm, the complainant was proceeding in the car of Bharat Kulkarni, who is the Boiler Repairer from Hubli and the complainant had planned to go to Kalaburgi from Hubli. The said Bharat Kulkarni had stopped the car opposite to Ubika Treads Tyre Remoulding Factory situated on Belagavi Maruti Nagar limits service road and the complainant told him to take the car inside the gate and he told the complainant that he will be right back in two minutes and went inside. At that time, three unknown persons came towards the complainant by holding hammer and by telling the complainant to get down from the car, they opened the car door from outside and started assaulting the complainant with hammer and as a result of the same, he received the hits on nose, mouth, back side of the head and they also assaulted 5-6 times on the left knee of the complainant and as a result of the same, he sustained bleeding injuries and he made hue and cry. On hearing the said voice, said Bharat Kulkarni and the staff/workers of the factory came and took the complainant inside the factory and gave the complainant water and came to know that the factory workers were tried to catch the above said persons, but they could not catch. At about 8.30 pm, they left the place and he went to Hubballi and from there he went to Bengaluru. Thereafter on 05.05.2019, he returned to Belagavi at about 9.00 pm, got admitted in the emergency ward at KLE Hospital, Belagavi and taken treatment. After that he went to Milan Hotel, stayed there and on 07.05.2019, filed the complaint before the Malamaruti Police Station.