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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 5^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.200826/2021

BETWEEN:

Hajisab S/o Khasimsab Harsur,

Aged about 55 years,

Occ : Agriculture,

R/o Dabrabad,

Tq & Dist : Kalaburagi.

… Petitioner

(By Sri Peerappa Sultanpur and

Sri Naseer Ahmed Ansari, Advocates)

AND:

The State, through

Gramin Police Station,

Kalaburagi

Represented by Addl. SPP.,

High Court of Karnataka,

Kalaburagi Bench.

… Respondent

(By Sri Gururaj V.Hasilkar, HCGP)

This Criminal Petition is filed under Section 438 of

Cr.P.C praying to direct the respondent police to release

the petitioner on bail in the event of his arrest in Crime

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No.93/2021 of Gramin P.S., Kalaburagi for the offences

punishable under Sections 143, 147, 148, 188, 269, 270,

323, 353, 307, 504, 506 read with Section 149 of IPC and

Section 5 of KED Act on the file of V Addl. Civil Judge

(Jr.Dn.) and JMFC, Kalaburagi.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

The petitioner has filed this petition under

Section 438 of Code of Criminal Procedure (for short,

‘Cr.P.C’) seeking anticipatory bail in Crime No.93/2021

of Kalaburagi Rural Police Station, Kalaburagi district

registered for the offences punishable under Sections

143, 147, 148, 149, 188, 269, 270, 307, 323, 353,

504 and 506 read with Section 149 of Indian Penal

Code (for short, ‘IPC’).

2.

The brief factual matrix leading to the case

are that the Deputy Commissioner has ordered a

complete lockdown from 20.05.2021 at 6.00 a.m. to

23.05.2021 till 6.00 a.m., in Kalaburagi District.

Considering this aspect, the complainant and one Anil

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(PC No.250) were deputed on patrolling duty and on

20.05.2021, when they were on patrolling duty at

about 10.15 a.m. near Dabrabad Cross, they noticed

that a Hotel was opened near Darga and the

complainant and the Anil (P.C.No.250) went there and

they questioned why they have opened the said Hotel

inspite of lockdown and 10-15 customers who were

present in the ground floor of the Hotel, on seeing the

police ran away from the Hotel. Thereafter, the

complainant went to the first floor of the Hotel and

there also 10-15 customers were sitting and when the

complainant questioned the owner of the Hotel, why it

was opened inspite of declaration of the lockdown and

one of the person disclosing his name as Hajisab S/o

Khasimsab Harsur, started abusing the complainant in

filthy language, pulled his uniform and he lifted the

complainant and threw him on tin shed. He also took

an iron rod and tried to assault the complainant and at

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that time the Anil (P.C.No.250) came there and

rescued the complainant. The other accused persons

abused the complainant in filthy language. By that

time the other COVID-19 volunteers - Shafiq,

Maheshkumar and Sunil came there along with Police

Inspector of Rural Police Station and on seeing them,

all the persons fled away from the spot. Then the

complainant got ascertained the names and lodged

the complaint.

3.

Apprehending their arrest the present

petitioner and other accused have approached the III

Additional District and Sessions Judge, Kalaburagi and

the learned Sessions Judge, by his order dated

01.06.2021 has granted anticipatory bail to other

accused but anticipatory bail to the present petitioner

who was petitioner No.1 therein came to be rejected.

Hence, the petitioner has approached this court.

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4.

Heard the learned counsel for the petitioner

and the learned High Court Government Pleader for

respondent/State at length. Perused the records.

5.

The learned counsel for the petitioner

would

submit

that

the

other

accused

granted

anticipatory bail by the learned Sessions Judge and

bail petition as regards present petitioner alone came

to be rejected. He would further submit that the

ingre