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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 30^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.200738/2021

BETWEEN:

1.

Anil S/o Bhimasingh Chavan,

Age: 39 years, Occ:Agriculture,

R/o Bedsur (K), Sanjay Nagar Tanda,

Tq.Kalagi, Dist.Kalaburagi.

2.

Ganapati S/o Bhawasingh @ Babusingh Rathod,

Age:35 years, Occ:Agriculture,

R/o Bedsur(K), Sanjay Nagar Tanda,

Tq.Kalagi, Dist.Kalaburagi.

3.

Yemnath S/o Ramu Chavan,

Age:42 years, Occ:Agriculture,

R/o Bedsur(K), Sanjay Nagar Tanda,

Tq.Kalagi, Dist.Kalaburagi.

… Petitioners

(By Sri.Jadhav Baburao Ambarao, Advocate)

AND:

The State through Narona P.S.

Tq.Aland, Dist.Kalaburagi,

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Represented by Addl.SPP,

High Court of Karnataka,

Kalaburagi Bench -585107.

… Respondent

(By Sri.Sharanabasappa.M.Patil, HCGP)

This Criminal Petition is filed under Section 438

of Cr.P.C praying to enlarge the petitioner on bail in

the event of arrest in Crime No.53/2019 of Narona

Police Station, Dist : Kalaburagi, for the offences

punishable under Sections 504, 506 read with Section

149 of IPC and under Sections 67, 67(A) of

Information Technology Act, pending before Addl.

JMFC at Aland.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

The petitioners/accused Nos.3, 4 and 5 have

filed this petition under Section 438 of Cr.P.C. for

enlarging them on anticipatory bail in the event of

their arrest in Crime No.53/2019 of Narona Police

Station, Kalaburagi pending on the file of Additional

JMFC at Aland registered in CC No.316/2020 for the

offences punishable under Sections 504, 506 read

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with Section 149 of IPC and under Sections 67 and

67(A) of Information Technology Act, 2000.

2.

The factual aspect leading to the case are

that on 15.04.2019, congress leaders have visited

Mataki Tanda and requested to caste votes for

congress candidate and at that time the complainant

had casually met them and when it came to the notice

of the present petitioners and other accused, then

they alleged that he is working for congress party and

all of them near the Anganwadi school in Bedasooru

Tanda beneath the tree abused the complainant in

vulgar language and also threatened that he will be

rusticated from entire community and this was

recorded in some mobile and was uploaded in Jai

Sevalal Whatsapp group. The same was brought to

the notice of the complainant on 23.04.2019 evening

at 5.00 p.m., by one Kiran and he has forwarded the

same to Mataki Tanda watsapp group wherein the

4

present

complainant

is

a

member.

Then

the

complainant after discussing the matter, lodged a

complaint on 25.04.2019. On the basis of the

complaint the investigating officer registered a crime

and issued FIR. The present petitioners are arrayed as

accused Nos.3 to 5 in the FIR.

3.

The

petitioners

have

approached

the

Sessions judge seeking anticipatory bail along with

accused Nos.1 and 2 but the learned sessions judge

has granted anticipatory bail to accused Nos.1 and 2

on the ground of age factor but rejected the bail

petition of the present petitioners. Hence, the

petitioners without any alternative, approached this

Court.

4.

Heard

the

learned

counsel

for

the

petitioners and the learned High Court Government

Pleader appearing for respondent – State. Perused the

records.

5

5.

Learned

counsel

for

the

petitioners

contended that the petitioners have been falsely

implicated in this case and the contents of the

complaint and charge sheet do not make out any

prima-facie case as ingredients of the offences alleged

are not forthcoming. There is delay in lodging the

complaint and no motive asserted. The offences

alleged are not punishable with death or life

imprisonment and accused Nos.1 and 2 have been

granted bail though the present petitioners are also

standing on the same footage, their bail p