KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. by accused No.2 to enlarge him on bail in Crime No.99/2020 of Haveri Rural Police Station, registered for the offences punishable under Sections 323 , 324 , 307 , 504 , 506 read with Section 34 of IPC and Section 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act , 2015.

(2.) The case of the prosecution is that the complainant has been cultivating two acres of land belonging to one Basavanneppa Durugannanavar and he had raised maize crop in the said land. About three months back, he had made an agreement with one Somalingappa Angadi i.e. accused No.1 for selling his maize crop for Rs.1,200/- per quintal. He had sold 30 bags of maize to accused No.1. There was a due of Rs.30,000/- to be paid by accused No.1. On 19.08.2020 at about 6 p.m., the complainant went to the shop of accused No.1 and requested him to pay the amount. At that time, accused No.1 pushed the complainant, as a result of which he fell into the drainage. At that time, accused Nos.2 to 4 came to the spot and assaulted him with hands. Accused No.2 stabbed him with a knife on his right hand and right leg. Accused No.1 hit him with a stone on his head. Accused Nos.3 and 4 kicked him. When the complainant ran towards his house, they chased him. He was then rescued by one Babanna, his wife and their children.

(3.) Learned counsel for the petitioner submits that there are no specific allegations against the accused person that would attract the provisions of the SC/ST (POA) Act. He submits that accused Nos.1 and 3 are already enlarged on anticipatory bail. The injured has sustained simple injuries and he has been discharged from the hospital. He submits that the petitioner has been falsely implicated as a counterblast to an incident which occurred on the same day at 12.30 p.m. He submits that the aunt of the petitioner, by name Halavva has lodged a complaint in connection with the said incident, before Haveri Rural Police Station. He submits that the petitioner is ready and willing to abide by any conditions, which may be imposed by this Court. Hence, he seeks to allow this petition.