BHIMARAYA @ DONGLI BHIMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned High Court Government Pleader for respondent- State and perused the material on record.

(2.) Appellant is arraigned as accused No.3 in Crime No.44/2021 of Yadgir Town Police Station, registered for offences punishable under Sections 341, 323, 504, 506 read with 34 of IPC and Sections 3(1)(r), 3(1)(s) and Section 3(2)(v-a) of SC/ST (POA) Act, 1989 ('SC/ST Act' for short). On completion of investigation, charge sheet has been filed against Accused Nos.1 to 3.

(3.) Brief facts of the case are that, CW4 Ramanna was working as a Tractor Driver under Accused No.1. He left the job since accused No.1 was not paying him salary regularly. Thereafter he started working as a Hamali at Gunj, Yadgir. Accused No.1 was under the impression that the first informant Sri. Bhimaraya (CW1) was responsible for CW4 to quit the job. Hence, he was nurturing ill-will against CW1 and CW4. On 04.04.2021 at about 10.30 p.m., when CW1 was proceeding on his motor cycle near Sydapura Hotel, accused Nos.1 to 3 stopped him and picked up quarrel with him. Thereafter, CW1 went to his house. On 05.04.2021 at about 8.30 a.m., when CW1 and CW4 were proceeding to their house, accused Nos.1 to 3 wrongfully restrained them and abused them taking the name of their caste as "lay vaddara soolemagane". Further, accused Nos.1 and 2 assaulted them by hands and accused No.3 kicked them. Thereafter they threatened them with dire consequences and went away.