MAHESH M.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition has been filed by the petitioners- accused Nos.1 to 6 under Section 438 of Cr.P.C. to release them on bail in Crime No.107/2020 of Chamarajanagar Rural Police Station for the offences punishable under Sections 143 , 147 , 341 , 323 , 506 r/w Section 149 of IPC and under Section 3(i)(r) and 3(i)(s) of SC/ST (Prevention of Atrocities) Act.

(2.) I have heard the learned counsel Sri.J.S.Halashatti for the petitioners-accused and the learned High Court Government Pleader Sri.R.D.Renukaradhya for the respondent-State.

(3.) The gist of the case of prosecution in brief is that the complainant is the daughter of Dundamadaiah. It is alleged that the land bearing Sy.No.293/1A measuring 1 acre 19 guntas belongs to her grandfather one Maridoddaiah and being cultivated by the grandfather. It is further alleged that the land in Sy.No.293/1B measuring 1 acre 17 guntas belongs to their ancestors and has been pledged with Shivarudrappa. It is further alleged that accused No.1 illegally got transferred the khatha of the said land in his name and accused No.2 illegally got transferred the khatha of Sy.No.296 measuring 2 acres 6 guntas in his name and were also obstructing the complainant for cultivating the said land. In that light, on 23.9.2020 the accused have put up the fence around the said land and on 24.9.2020 at about 9.00 a.m., accused No.3 was installing a gate to the fence and at that time complainant and her mother went near the said land and by seeing them accused persons abused by taking the name of the caste and have also assaulted and dragged the complainant by pulling her hairs and kicked her and her mother and have also put a life threat. On the basis of the complaint a case has been registered.