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Showing contexts for: HAVERI in Shekhappa S/O Tippanna Savanur vs State Of Karnataka on 22 November, 2017Matching Fragments
This petition has been filed by the petitioners under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.237/2017 of Haveri Rural P.S., for the offences punishable under Sections 143, 147, 148, 324, 504 and 506 read with Section 149 of IPC, besides Section 3(1)(r), 3(2)(Va) of SC & ST amended (Prevention of Atrocities) Act (for short "the Act'). Hence, this petition, among the grounds urged therein.
2. Brief facts of the case are that on filing of the complaint by the complainant before the respondent-Police, a case in Crime No.237/2017 came to be registered against the accused for the alleged offences, wherein it is alleged that on 21.10.2017, the complainant had been to Kulenur Village for watching Bullock race and after watching the same, he was returning to his village, when he was near Primary Health Center, Kulenur around 10 to 12 persons suddenly stopped him and picked up a quarrel and assaulted with hand, clubs and stones and also abused him in filthy language. One person by name Krishna came to rescue the complainant from the clutches of the accused, but he was also assaulted; the complainant lost his consciousness and he has been admitted to Haveri District Hospital for treatment and even the said Krishna was also taking treatment in the said Hospital. On these allegations made in the complaint, which is filed before the Police crime came to be registered and thereafter to proceed with the case for investigation.
3. Heard the learned counsel for the petitioners and the learned SPP for the respondent-State.
4. The learned counsel for the petitioners during the course of arguments has contended that the petitioners/accused are innocent persons for the alleged offense and there is no direct overt-act against these petitioners, despite of it the petitioners were lugged into the alleged crime with an oblique motive just to give harassment to them that on 21.10.2017, when the complainant while returning to his village after watching Bullock race, the accused persons picked up with a quarrel and assaulted him with hand, clubs and stones and also abused him in filthy language. The complainant lost his consciousness and he has been admitted to Haveri District Hospital for treatment and now the complainant has been discharged from Hospital. It is further contended that the ingredients which were found place in the complaint as well as reflection made in the FIR does not constitute the alleged offences. He further contended that the accused hails from the respectable family and had respect in the eye of society and also ready to abide by any terms and conditions imposed by this Court, while granting bail to them. It is further contended that there is no specific bar under Section 18 of the Act, relating to the offence, which has lugged into the alleged crime. Therefore, the learned counsel for the petitioners/accused prays for anticipatory bail by considering the grounds as urged in this criminal petition.
ORDER The petition filed by the petitioners/accused under Section 438 of Cr.P.C. is allowed with subject to the following conditions:
(1) The petitioners/accused shall appear before the Investigating Officer in Crime No.237/2017 of Haveri Rural Police Station, within 20 days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.50,000/- each with likesum surety to the satisfaction of him, in the event of their arrest.