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2017 Supreme(Kar) 575

R.B.BUDIHAL
Manjunatha – Appellant
Versus
State of Karnataka, Represented by its State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K. Lakshmikanth
For the Respondent: Chetan Desai

JUDGMENT :

1. This petition is filed by the petitioners/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 506, 109, 504, 448, 324, 148, 355, 323, 143, 147 r/w Section 149 of IPC and also under Section 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act registered in respondent police station Crime No.90/2017.

2. Since the petition is filed under Section 438 of the Cr.P.C. seeking anticipatory bail, in view of the specific bar provided under Section 18 of the SC/ST (Prevention of Atrocities) Act, firstly, the Court has to examine whether the allegations made in the complaint and other material collected during investigation makes out a case under the provisions of the SC/ST (Prevention of Atrocities) Act.

3. The averments in the complaint are that on 20.08.2019 the complainant by name Bettada Thimmappa S/o Hanumantharayappa gave a complaint before the respondent police alleging that he is residing at Mangalavada Village and belongs to Schedule caste community. On 19.08.2017 at about 9.30 p.m. the complainant along wi











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