V HEMANTH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.3501/2020 has been filed by the petitioner/accused No.1 and Criminal Petition No.3503/2020 has been filed by the petitioner/accused No.4 under Section 439 of Cr.P.C to release them on bail in Crime No.5/2020 of Gulpet Police Station, Kolar, (pending on the file of the 2nd Addl. District and Sessions Judge, Kolar), for the offences punishable under Sections 114, 143, 147, 148, 302, 324, 327, 341, 504, 506 read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) I have heard the learned counsel Sri. Nanjunda Gowda M.R for the petitioner/accused No.1 and 4 and learned HCGP Sri.Mahesh Shetty for the respondent-State. Respondent No.2 is served and unrepresented.

(3.) The gist of the contents of the complaint is that from 8.2.2020 to 10.2.2020, there was a festival in the village and one Naveen and his group has been called to beat the drums by paying Rs.40,000/-. On 8.2.2020, deceased Parashuram and other witnesses were beating the drums in the village festival, accused No.6 and his friends accused Nos.1 and 2 told the deceased that in pursuance of their direction, they have to beat tamate and subsequently on 10.2.2020 also, the deceased and others have bet the tamate, drums and on the same day at about 5.30 pm, festival of the village was closed and there was a quarrel between Naveen and Kiran Babu and others and when they were proceeding and waiting at the bus stop to go to their place, at that time, accused Nos.1 to 6 by constituting an unlawful assembly by holding deadly weapons came there and questioned the deceased that he did not beat the drum properly and as such, there is a galata in the village and at that time, the other accused persons instigated the persons and it is accused No.4 Sri. Hemanth Raju @ Raju and accused No.5 Sri. Ravikumar caught hold of the deceased Parashuram and at that time, accused No.1 assaulted him with knife on his chest and other parts of the body with an intention to kill him, as a result of the same, there was a severe bleeding and at that time, accused Nos.2 and 3 told not to leave him and they also assaulted him with club and they have also snatched the mobile phone and went away from that place. On the basis of the complaint, a case has been registered.