SHARANAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court being aggrieved by the order dated 24.12.2019 passed by the Principal District and Sessions Judge, at Koppal in Crl.Misc.No.801/2019 and connected matters, whereby the application filed by the petitioner under Section 438 of Cr.P.C., came to be rejected.

(2.) The case of the prosecution is that one Kalakanagouda Patil filed a written complaint with Kukanoor police alleging that, two days earlier to the date of complaint, there was a quarrel between the family of the petitioner and the family of the complainant concerning moving of vehicles and in that connection his daughter-in-law had filed a complaint with the police against the family members of the petitioner. On 03.11.2019, at about 4.20 p.m., when the younger brother of the complainant was working in their backyard at that time the petitioner and five other accused came in front of their house and assaulted the brother of the complainant resulting in multiple injuries to the brother of the complainant. When the son of the complainant went to rescue his nephew he was also assaulted with clubs on his calves and thigh, when the complainant went to rescue he was also assaulted. When the daughter-in-law came to rescue she was also assaulted with a club with a stick.

(3.) On the basis of the above allegations, a complaint was registered in Crime No.114/2019 by Kukanoor Police. Accused No.2 and 4 were arrested on 17.11.2019, accused No.5 was arrested on 04.11.2019 and accused Nos.3 and 6 were arrested on 07.11.2019 and remanded to judicial custody.