ABDUL RAFEEQ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Sec. 438 Crimial P.C. seeking anticipatory bail in the event of his arrest in Crime No.25/2019 of Jala Nagar Police Station, Vijayapur for the offences punishable under Sections 323, 355, 504, 506 read with Sec. 34 Penal Code and Sec. 3(1) (r) (s), 3(2) (Va) SC/ST (PA) Amendment Act, 2015.

(2.) The facts briefly stated are that on the complaint filed by Ravi Chavan, the respondent- Police have registered the case. The allegations are that the complainant had borrowed loan of Rs.80,000.00 from the accused. In that connection, the accused had assaulted the complainant in the previous year. Therefore, the complainant was admitted to the Government Hospital for Medical Treatment for the injuries sustained in the said assault and he had given a police complaint. At that time, the PSI Babaleshwar Police Station had settled the dispute and had directed the accused/petitioner to grant ten months time for repayment of loan. Later, after ten months, the accused has stanched Rs.50,000.00 from the complainant and also Mangalasutra from his wife and compelled the complainant to pledge it in a jewelry shop. He has also threatened to take away his life, if he files a police complaint. After registering the case, the police officials are making attempt to arrest the petitioner.

(3.) Learned counsel for the petitioner submits that the provisions of SC/ST (PA) Act are not applicable to the facts of this case. The offences alleged are not punishable with death or life imprisonment. The complainant has filed a false complaint in order to avoid repayment of hand loan. The petitioner is working as a Medical Practitioner in Jeelani Hospital, Vijayapur. In the event of his arrest, he would be put to great hardship and injustice.