YALLAPPA BASAPPA YEMMETTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.15 under Section 439 of Cr.P.C. seeking bail in Crime No.112/2019 of Kalagatagi Police Station registered for the offence punishable under Sections 143, 147, 148, 504, 506, 341, 307, 302, 326, 120B, 201 R/W 149 of IPC and Section 27 of Indian Arms Act, 1959.

(2.) The case of the prosecution is that the complainant- Kallappa Basavaneppa Sattur of Jamihal village,Kalaghtagi is staying along with his family members and working as a agriculturist and leading his life. Complainant has elder brother by name Veerbhadrappa Basavaneppa Sattur, aged about 55 years and the said brother is a Grama Panchayath Member since last 15 years and also now he is also a member of the PLD Bank and also president of Dummawad society. And during last election of Grama Panchayath in village one person by name Mallappa Hanumantappa Chulki and his sons Fakkirappa @ Prahald Chulki, Krishna Chulki were got angry on the complainant's elder brother and having a political enmity. There were quarrel between the complainant family and chulki family and also lodged Police complaint. Complainant's elder brother Veerbhadrappa is also having difference of opinion in Pujarki(worshiping) of Basavanna Gudi(Temple).

(3.) On 09.09.2019 at about 7 p.m. the complainant while returning home after grazing the cattle, while proceeding crossed the house of one Basavaraj Shivappa Akki. At that time Basavarj Shivappa Akki and his uncle's son Basavaraj Sangappa Akki scolded him in filthy language and asked why he is passing in this road and asked to go on other road. The complainant told sorry and went away. Later complainant taken his cattles to his house and went inside the house and tide the cattle. Later Basavarj Shivappa Akki and Basavaraj Sangappa Akki and other persons came in front side of complainant house and there was sound and later the Baavaraj Shivappa Akki and Basavaraj Sangappa Akki came inside the house of the complainant and taken the complainant by dragging him out side. The said persons also accompanied by the Fakkirappa @ Prahald S/o Mallappa Chulki and Krishna Mallappa Chulki and Mallappa Hanumantappa Chulki and Chenayya Basayya Pujar, Praveen Kallappa Karadi and Siddaram Halappa Akki and Sangappa Basappa Yemmeti, Kallappa Basappa Karadi, Mahesh Fakirappa Karadi, Maruti Halappa Akki, Irayya Basappa Pujar, Basayya Fakkirayya Pujar, Yellappa Basappa Yemmetti, Shekappa Hanumantappa Jodhalli, Shankaryya Mallayya Yadawad all of them holding sticks, rod, talwar came to assault the complainant and started assaulting and dragged and taken the complainant to agriculture land by the side of the house of Basavarj Shivappa Akki. Basavarj Shivappa Akki holding the Talawar assaulted on the head of the complainant and caused injury and Irayya Basayya Pujar assaulted the complainant with Iron rod. The complainant's wife intimated through telephone to the elder brother of complainant Veerabhadrappa and Nagappa. Later the said persons came to the spot i.e. 1) Veerabhadrappa Basavaneppa Sattur and 2) Nagappa Basavaneppa Sattur and his sons Ravikumar Veerbhadrappa Sattur Basavarj Nagappa Sattur and complainant son Iranna Kallappa Sattur. Again started quarrelling and scolding in filthy language and threaten them to kill the complainant and his family members. Veerabhadrappa beaten by Fakkirappa @ Prahald Chulki and Krishna Chulki with talwar on head of Veerabhadrappa and later he fallen down to ground then Mallappa Chulki and Chenayya Pujar taken big stone thrown it stone on the head of the Veerabhadrappa and killed him in the spot. Veerabhadrappa's son Ravikumar is also assaulted by Basavarj Sangappa Akki, Sangappa Basappa Yemmetti holding the hand of the Ravikumar then Praveen Kallappa Karadi taken talawar and Siddaram Halappa Akki holding iron rod assaulted on the head and caused injury and attempted to kill him. Again complainant brother Nagappa assaulted by Maruti Halappa Akki holding the Nagappa and then Kalappa Basappa Karadi assaulted the Nagappa with talawar to the hand of Nagappa and due to hit he sustained injury and his finger were amputed. Then Mahesh Fakkirappa Karadi holding stick beaten to the Nagappa. Basavaraj Nagappa Sattur is beaten by Basayya Fakkirappa Pujar with stick then Yellappa Basappa Yemmitti beat the Basavarj Sattur with iron rod on his head, hand and caused injuries. Complainant's son Iranna Kallappa Sattur beaten by Shekappa Hanumanthappa Jodahalli with stick. Then Shankarayya Mallayya Yadawad assaulted with machu(sickle) to the shoulders and to hand of Iranna Sattur and caused injuries. Then the wife of the complainant Kasturi and complainant borthers wife Sarjavva and Devalasab Modinsab Kumbar, Hussainsab Imamsab Kumbar, Fakkirappa Shivappa Avannavar, Basalingappa Sanganabasappa Chintramani came and pacified the quarrel. During the quarrel the accused person also sustained injuries. The incident has happened on 09.09.2019 at 8 p.m and people gathered sent the injured to the hospital for treatment. Due to Pujarki of temple of Basavanna Devar Gudi all accused persons assembled and attacked complainants family. Hence, complainant lodged a complaint. The said complaint is registered in Crime No.112/2019 of Kalaghtagi P.S. for the offence under Sections 143, 147, 148, 504, 506, 341, 307, 302, 326, 120B, 201 R/W 149 of IPC . Petitioner accused No.15 has filed bail petition in Crl.Misc. No.16/2020 on the file of Prl. District and Sessions Judge, Dharwad and the same is rejected by order dated 20.01.2020.