PRAB ATH K.C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard appellants counsel and the Government Pleader for respondent No.1. Respondent No.2 is served with notice, but there is no representation on his behalf.

(2.) This is an appeal under sec. 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act . For the reason that the I Additional District and Sessions Judge, Kodagu, Madikeri, rejected the appellants petition, Crl.Misc.No.205/2022 filed under sec. 438 Cr.P.C, this appeal has been preferred.

(3.) The court below has clearly observed that as per the medical report, the complainant suffered grievous injury in view of assault made by the accused. Now if the statement given by the second respondent, i.e., the complainant is perused, what is forthcoming is that when his friend namely Delaksha was assaulted by Shanthalli Niranjan, Thalthare Shettalli, Satisha, Praveen and others, he interfered to pacify the quarrel and at that time he was severely assaulted by those persons i.e., Shanthalli Niranjan, Thalthare Shettalli, Satisha, Praveen and others. They used tiles, iron rod, brick piece, stone, beer bottle, for assaulting him. As a result he sustained injury on his head and lost one tooth.