SHARMODDIN S/O KHADARSAB, KHADAR SAB S/O SHARMODDIN AND GAFUR S/O SHARMODDIN Vs. STATE THROUGH HUNSAGI POLICE STATION DIST. YADGIR

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 439 of Cr.P.C. by the counsel for the petitioners praying to release the petitioners on bail in Crime No. 95/2012 of Hunasagi Police Station, Yadgir District, which is registered for the offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of Indian Penal Code and also under Section 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act, 1989. I have heard the learned counsel for the petitioners as well as learned Additional State Public Prosecutor for respondent - State.

(2.) I have perused the FIR found in the records. The contents of FIR discloses that Hunasagi Police have registered a case in Crime No. 95/2012 against accuse No. 1 -Sharmoddin S/o Khadar Sab, accused No. 2 - Khadar Sab S/o Sharmoddin, accused No. 3 - Gafur S/o Sharmoddin, accused No. 4 - Rehaman S/o Sharmoddin and accused No. 5 - Hayib S/o Sharmoddin for the offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of Indian Penal Code and also under Section 3(1)(10) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocity) Act, 1989, on the complaint of one Paramanna. It is alleged in the complaint that on 06.10.2012 at about 9.00 p.m. complainant and his uncle's son i.e., Parashuram together went to first petitioner's shop which is near to the bus stand to purchase eggs. They purchased the same by paying the amount and when they were returning to the house, at that time, accused No. 1 uttered that they have not paid the amount for the purchase of eggs and also due to previous enmity, accused No. 1 i.e., petitioner No. 1 abused them in filthy language and assaulted the complainant by means of an iron rod on his waist. Consequently, he fell down. Accused No. 1 - Sharmoddin's son Khadar Sab with an intention to kill Parashuram assaulted him by means of a chopper on his head. Accused No. 1/first petitioner's sons namely, Gafur, Rehaman and Hayib instigated the other accused to assault them. 'At that time, Goudappa S/o Lakshmana Siddapura, Bheemanna S/o Goudappa came and rescued the injured.

(3.) IF any condition is violated, the bail entails cancellation.