PEERASAB RAJESAB CHIKKUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused Nos.1, 2, 3 and 5 challenging the order dtd. 10/8/2022 passed in Kerur Police Station Crime No.128/2022 by the learned II Additional District and Sessions Judge, Bagalkote, whereunder the bail application filed by the appellants for the offences punishable under Ss. 143 , 147 , 148 , 323 , 324 , 326 , 307 , 109 , 504 and 506 read with Sec. 1149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 3(1)(r) (s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter referred to as 'SC & ST Act ', for brevity) came to be rejected.

(2.) Heard the learned counsel for the appellants and the learned High Court Government Pleader for respondent No.1/State. Respondent No.2 who was present physically on the previous date had prayed not to grant bail to the appellants.

(3.) The case of the prosecution is that, one Laxman Ramappa Kattimani has filed the complaint stating that his brother Arunkumar Kattimani is actively involved in an organization and that has enraged the local Muslim community and hence they had threatened him on several occasions and on 1/7/2022 when the said Arunkmar Kattimani was protesting against the murder of Kanhaiya Lal, the complainant learnt that the Muslim community has devised a plan to commit the murder of his brother Arunkumar Kattimani. It is further stated that, on 6/7/2022 when the complainant reached Kerur bus stand, he found that, on the main road in front of Ganesh Hotel, all the accused Nos.1 to 31 were abusing his brother and another in filthy language and during which accused No.1 has assaulted the complainant's brother on his head with axe, accused No.2 has assaulted with axe on his back, accused No.3 assaulted on his left leg joint with iron rod, accused No.4 assaulted on his head with iron rod, accused No.5 has assaulted on his back with an axe. Accused No.6 abetted her son accused No.4-Mousin to finish him and gave chopper. When the complainant came to rescue, accused No.17 assaulted with rod on his head and made an attempt to murder him(complainant) and the others have assaulted on his stomach, back, chest and caused internal injuries and at that time, when Yamanoor Chungi came to rescue him, accused Nos.19 and 23 have assaulted him with iron rod on his head and other accused assaulted on face, stomach and back with hands and abused touching the caste and at that time, one Mallappa Sulekere and others pacified the quarrel and the quarrel took place at about 5:00pm and the injured were taken to Kerur Government Hospital and thereafter they were referred to Kerodi hospital, Bagalkote. The said complaint came to be registered in Kerur Police Station Crime No.128/2022 for the aforesaid offences. The appellants came to be arrested on 7/7/2022 and they are in judicial custody. The appellants filed bail application and it came to be rejected by the impugned order dtd. 10/8/2022 passed by the learned II Additional District and Sessions Judge, Bagalkote. The said order is challenged in the instant appeal.