IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE COURT OF SESSIONS JUDGE AT RAICHUR

Special Atrocity Criminal Miscellaneous No.4 of 2003

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

CRIMINAL PETITION NO. /2003

Between: RANK OF THE PARTIES IN THE

/ /
Sessions Court High Court

1.Basavaraj Nadgouda,
S/o Ramrao Nadgouda,
Aged Major,
Resident of Jawalgera
Village,
Taluk Sindhanoor,
District Raichur.

2.Raju Nadgouda,
S/o Rudrabhupal
Nadgouda,
Aged Major,
Resident of Jawalgera
Village,
Taluk Sindhanoor,
District Raichur.

3.Rudragouda Nadgouda,
S/o Sangameshwar,
Aged Major,
Resident of Jawalgera
Village,
Taluk Sindhanoor,
District Raichur.

4.Amaregouda,
S/o Karibasanagouda,
Aged Major,
Resident of Jawalgera
Village,
Taluk Sindhanoor,
 District Raichur.
-2-

5.Bheemanna Sangti,
S/o Hanumanthappa,
Aged Major,
Resident of Jawalgera
Village,
Taluk Sindhanoor,
District Raichur. Petitioners Petitioners

And:

1. The Station House Officer,

Balganur Police Station,
Taluk Sindhanoor
District: Raichur.

2. COD Police
Having its office at
Carlton House,
Palace Road.
Bangalore Respondents Respondents

MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 438 OF

THE CODE OF CRIMINAL PROCEDURE 1973

The petitioners above named most respectfully

submit as follows:

1. That the addresses of the petitioners for the

purpose of services of summons, notices etc., from this
Hon’ble Court is as stated in the cause title. The
petitioners may also be served through their counsel
Sri.Prabhuling K.Navadgi, Advocate, No.369, R.T.Nagar
Main Road, Opp: R.T.Nagar Police Station, Bangalore –
560 032.

2. That the address of the Respondent for the purpose

of service of summons, notices etc., is as stated in
the cause title.
 -3-

3. Being highly aggrieved by the order passed by the

Court of Additional Sessions Judge (Atrocity) Raichur
in Special Atrocity Criminal Miscellaneous No.4 of 2003
dated 18.2.2003 rejecting their application for
anticipatory bail under section 438 and also on the
ground of apprehension that the petitioners are likely
to be detained in custody without any reasonable cause,
the petitioners are before this Hon’ble Court on the
following facts of the case and grounds:

FACTS OF THE CASE

4. It is submitted that on a complaint filed by one

Chavarappa, resident of Belagnur, the Respondent Police
have registered a case against these petitioners in
Crime No.98 of 2002 on 20.11.2002 for the offences said
to have been committed by them under section 147, 148,
323, 448, 427, 354, 504 and 506 read with Section 149
of the Indian Penal Code and section 3 (1)(x) of the
SC/ST (Prevention of Atrocity) Act, 1989.

5. It is submitted that according to the prosecution

and as stated by the informant on 20.11.2002 at about
9.00 or 10.00 a.m. the first petitioner before this
Hon’ble Court along with 6 others and 100 other persons
came to the Amruthnagar colony, wherein the complaint
resides and searched for one Arogyappa and enquired as
to why the said Arogyappa had teased a girl belonging
to Upper Caste. It is relevant to bring to the notice
of this Hon'ble Court that informant conspicuously does
not mention any overt or specific act on the part of
the Petitioners wherein they have
 -4-

abused the complainant on the basis of his caste. This

was the basis for registering the FIR.

7. It is submitted that the entire case set out by

the prosecution was false and concocted and intended
only to harass these petitioners. The Respondent police
at the instigation of the complainant and others were
likely to illegally detain these petitioners.
Therefore, these petitioners moved the court below for
grant of anticipatory bail under section 438 Cr.P.C.
It is relevant to bring to the notice of this Hon’ble
Court that apart from the present cases, several other
cases were indiscriminately registered against the
petitioners and several others in Crime No.102/02,
Crime No.96/2002, Crime No.100/2002 and Crime
No.103/2002 in respect of the very offences.
Therefore, the petitioners apart from the above said
petition, had also filed 4 other petitions in Special
Atrocity Criminal Miscellaneous No.5 of 2003, Special
Atrocity Criminal Miscellaneous No.2 of 2003, Special
Atrocity Criminal Miscellaneous No.7 of 2003, Special
Atrocity Criminal Miscellaneous No.6 of 2003, the
court below was pleased to grant anticipatory bail in
Special Atrocity Criminal Miscellaneous No.5 of 2003,
and Special Atrocity Criminal Miscellaneous No.2 of
2003, whereas it has rejected the petitions filed by
the petitioners Special Atrocity Criminal Miscellaneous
No.4 of 2003, Special Atrocity Criminal Miscellaneous
No.6 of 2003 and Special Atrocity Criminal
Miscellaneous No.7 of 2003, Being aggrieved by the
same, the petitioners are before this Hon’ble Court
seeking appropriate reliefs on the following among
other;
 -5-

GROUNDS

8. It is submitted that the entire information lodged

before the Respondent Police Station is a false and

concocted one, intended only to harass these

Petitioners. It is relevant to bring to the notice of

this Hon'ble Court that even a bare reading of the

complaint would go to show that the complaint so lodged

is a premeditated one to rope in these Petitioners for

the alleged crime. It is not denied that even

according to the prosecution there was group clash

between two groups of the community and according to

the complainant more than 100 persons had come to the

place where the complainant resided. Even according to

the complainant there was no abusive language used

against him. These factors fortify the case of these

Petitioners that the case of the prosecution is false

and concocted one.

9. It is submitted, that even according to the

prosecution, there were more than 100 persons present
at the time of the alleged incident, in such a
surcharged atmosphere and mele, it is hard to believe,
that the complaint was able to exactly pin point the
Petitioners alleged sole. This makes the prosecution
case not free from doubt or suspicion.
 -6-

10. The court below also has erred in rejecting the

application filed by the Petitioners, it could be seen
that in respect of almost identical cases, the
Petitioners have been granted bail. In these
Circumstances, the Petitioners ought to have been
granted anticipatory bail.

PRAYER

WHEREFORE, for the reasons stated herein above and

the grounds urged it is most respectfully prayed that
this Hon'ble Court be pleased to:

“Direct the Respondent police to enlarge the

Petitioners on bail in event of their arrest in
respect of the FIR registered with Respondent No.
1 Police in FIR No. 98/2002 for the offences said
to have been committed by them under section 147,
148, 323, 448, 427, 354, 504 and 506 read with
Section 149 of the Indian Penal Code and section 3
(1)(x) of the SC/ST (Prevention of Atrocity) Act,
1989 in the ends of justice and equity.”

Bangalore
Dated (Advocate for Petitioners)
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

CRIMINAL PETITION NO. /2003

Between:

Basavaraj Nadgouda and others Petitioners

And

The Station House Officer

And anr. Respondents

Memo for Appearance

It is respectfully submitted that Petitioners in

the above stated Criminal Petition have authorized the
undersigned to act and plead for them in the above
stated Criminal Petition. Hence this memo of
appearance, which may kindly be accepted.

Bangalore
Dated: Advocate for Petitioner
(Prabhuling K Navadgi)
# 369, RT Nagar Main Road,
Bangalore – 560 032.
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

CRIMINAL PETITION NO. /2003

Between:

Basavaraj Nadgouda and others Petitioners

And

The Station House Officer

And anr. Respondents

INDEX

Sl.No. Particulars Page No:

1. MEMORANDUM OF CRIMINAL PETITION

2. Memo of Appearance

3.

4.

5.

6.

7.

8. Vakalat

Bangalore
Dated: Advocate for Petitioner
(Prabhuling K Navadgi)
# 369, RT Nagar Main Road,
Bangalore – 560 032.