KARIBASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by petitioners- accused Nos.1 and 2 under Section 439 of Cr.P.C., to release them on bail in Cr.No.138/2020 registered by Harihara Rural Police Station, Davanagere (pending on the file of Principle Civil Judge (Jr.Dn.) and JMFC Court, Harihara, Davanagere District) for the offence punishable under Sections 143 , 147 , 148 , 323 , 506 , 341 and 307 read with Section 149 of IPC.

(2.) I have heard the learned counsel Sri Kashinath J.D for petitioners-accused Nos.1 and 2 by virtual hearing and Sri Mahesh Shetty, learned High Court Government Pleader for the respondent-State.

(3.) The gist of the complaint is that the complainant and petitioners-accused Nos.1 and 2 are the cousin brother. Petitioner-accused No.1 repeatedly making allegation against his uncle complainant stating that he has brought grant for the Gonibasaveshwara temple as the Chairman and has misused the said amount and as such, the Nagendrappa's son went to the father of Karibasaiah and told about the act committed by his son. But on 15.09.2020 at about 10.30 a.m. all the accused persons by constituting an unlawful assembly went near the temple and when the complainant, his uncle and his children were together sitting and were talking, all the accused persons started abusing in filthy language and threatened him. At that time, they assaulted with iron rod on the stomach and head and caused the bleeding injuries. When his uncle went to rescue, the accused persons have assaulted the complainant by hands and kicked with legs and two persons of the village came and pacified the quarrel. Accused No.1 showed a gun and said that he will kill him if he comes once again and he will give life threat to him. Immediately, he was taken to Harihara Government Hospital and thereafter, a complaint has been registered.