SHIVANAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader and perused the statement of objections filed by the learned High Court Government Pleader.

(2.) It is contended that, these petitioners are accused Nos.1 to 6 in Crime No.43/2020 of Nindagundi police station.

(3.) The brief case of the prosecution is that, one Avamma W/o Mahadevappa has lodged a complaint alleging that, accused No.1 is also their relative. They are discharging the water from their bathroom infront of the house of elder brother of the complainant's husband. So there was a dispute between them in this regard. Though the villagers have pacified the said quarrel and resolved it. But because of the discharge of filthy water, there was lot of nuisance and increase of mosquitoes. It is further contended that, on 16-05-2020 in the evening these accused/petitioners and others themselves forming unlawful assembly armed with the clubs quarreled with Mahadevappa who is the relative of the complainant and abused them stating that, they will not stop discharging of bath room water infront of their house stating so, they assaulted Mahadevappa and this complainant with a club. The accused No.3 Raju tried to pull her saree and tried to outrage her modesty. The other accused also assaulted with the club all over the body to the complainant and said Mahadevappa - husband of the complainant. Srishail and other accused abused them, then the villagers who gathered pacified the quarrel. In this regard and the injured were sent to the hospital at Nidagundi hospital and then to BLDEA hospital Vijayapur. On the basis of said complaint, Nidagundi police registered a case in Crime No.43/2020 for the offences punishable under sections 143, 147, 148, 323, 324, 326, 554, 506 R/w Sec.149 of Indian Penal Code .