Karnataka High Court
Mallinath S/O Basavanappa And Ors vs The State Through University ... on 14 November, 2013
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED: THIS THE 14TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH
CRIMINAL PETITION NO.15987 OF 2013
BETWEEN
1. MALLINATH S/O BASAVANAPPA DANDAPPAGOL,
AGE: 56 YEARS, OCC: GOVT. SERVANT,
2. PRABHU S/O MALLINATH DANDAPPAGOL,
AGE: 31 YEARS, OCC: NIL,
3. BASAWARAJ S/O MALLINATH DANDAPPAGOL,
AGE: 36 YEARS, OCC: NIL,
4. BASU S/O GURUPAD,
AGE: 23 YEARS, OCC: NIL,
5. AKASH S/O MALLIKARJUN,
AGE: 23 YEARS, OCC: NIL,
ALL ARE R/O: RAJAPUR,
TQ & DIST: GULBARGA.
...PETITIONERS
(BY SRI AVINASH.A.UPLOANKAR., ADVOCATE)
2
AND
THE STATE OF KARNATAKA
THROUGH UNIVERSITY POLICE STATION
GULBARGA.
...RESPONDENT
(BY SRI.S.S.ASPALLI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.438 OF
CR.P.C PRAYING TO ISSUE DIRECTIONS TO THE
RESPONDENT POLICE TO RELEASE THE PETITIONERS ON
BAIL IN THE EVENT OF THEIR ARREST IN CRIME
NO.375/2013 OF UNIVERSITY POLICE STATION,
GULBARGA, WHICH IS REGISTERED FOR THE OFFENCE
P/U/S 143, 147, 148, 354, 504, 448, 341, 326, 323, 506,
149 OF IPC AND 3(i) (x) (xi) OF SC AND ST (PREVENTION OF
ATTROCITIES) ACT, 1989.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have sought for grant of anticipatory bail in connection with Crime No.375/2013 of University Police Station, Gulbarga, for the offences punishable under Sections 143, 147, 148, 354, 504, 448, 341, 326, 323, 506 r/w 149 of IPC and 3(i) (x) (xi) of SC and ST (Prevention of Atrocities) Act, 1989. 3
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader.
3. It is the case of the prosecution that on 10.11.2013 around 7.00 a.m. when the complainant- Shivaraj went to a kirana shop, near Hanuman Temple to bring eggs and when he was standing in front of kirana shop, one Basawaraj S/o Mallintah Dandappagol, by taking the name of his caste called him in loud voice, for which, the complainant requested him not to call him by taking the name of his caste as he is a poor fellow. Then the accused started abusing the complainant in a filthy language and by calling his friends, assaulted him by holding the shirt. At that time, the aunt of the complainant by name Ramabai and his mother Yenkamma came there to pacify. The accused-Basawaraj having held the tuft of his aunt, pulled her. One Prabhu has also assaulted his mother from hand. Again on the next day i.e., on 11.11.2013 around 4 8.00 a.m., when he and his brother Mallikarjun were going to have tea near auto stand, the accused by name Mallinath, Prabhu, Basawaraj, Manjunath, Basu, Akash, all of sudden came there and again by taking the name of their caste, held and assaulted him, causing bleeding injury and when his brother Mallikarjun came to rescue, he was also assaulted from the blade and people who were standing there by namely Bhimsha, Anil, Ashok have separated the quarrel.
4. According to the learned counsel for the petitioners, the petitioners are innocent of the alleged offences and they have been falsely implicated in this case. There is no prima facie case for the offence punishable under Sections 143, 147, 148, 354, 504, 448, 341, 326, 323, 506 r/w 149 of IPC and 3(i) (x) (xi) of SC and ST (Prevention of Atrocities) Act, 1989. Accordingly, he has sought for grant of anticipatory bail. 5
5. The offence is one under Sections 3(i) (x) (xi) of SC and ST (Prevention of Atrocities) Act, 1989. It is for the petitioners to appear & seek for regular bail under Section 439 of Cr.P.C for SC and ST Act, 1989, before the Special Court. The Special Court to grant bail to the petitioners on the very same day of the appeal filed by imposing suitable conditions.
Petition is disposed of.
Sd/-
JUDGE msr