MOHAN KUMAR Vs. STATE BY BANAKAL POLICE

JUDGEMENT

(1.) The present petition has been filed by petitioner/accused No.2 under Section 439 of Cr.P.C., to release him on bail in Crime No.58/2020 of Banakal police station for the offences punishable under Sections 323, 307, 394, 504 read with Section 34 of IPC and also under Sections 3(1)(c), 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(2.) I have heard Sri. Sudhanva D.S., learned counsel for petitioner/accused No.2 virtually and Sri. Mahesh Shetty, learned HCGP for respondent No.1 State. Though, the notice has been served to respondent No.2 - complainant, he is unrepresented.

(3.) The gist of the case of the prosecution in brief is that the victim was working with accused No.2 and subsequently, he left and started working independently. Because of the said ill-will, on 08.09.2020 at about 4.15 p.m., accused No.2 called the victim over the phone and told to come near the street of his house and when victim came, accused Nos.1 and 2 quarrelled with him for silly reasons and have assaulted him. Accused No.2 abetted accused No.1 to assault. Thereafter, accused No.2 took him under the guise of dropping him to his house and when they came near Mahesh Hardware Shop, again they quarrelled with the victim and abused him with filthy language by taking the name of the caste and assaulted him with sickle on his head with an intention to commit the murder and they have also snatched a cash of Rs.7,800/- and gold ring worth of Rs.9,500/- from the victim.