SURESH R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant Nos. 1 to 3/Accused Nos. 1 to 3 have filed this appeal praying to set-aside the order dtd. 30/6/2023 passed in Crl.Misc. No. 4401/2023, by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH-71), whereunder, the anticipatory bail petition of the appellants sought in respect of Crime No. 149/2023 of Kengeri Police Station for the offences under Ss. 323, 324, 341, 448, 504 and 506 r/w Sec. 34 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') and Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short hereinafter referred to as "the Act"), came to be rejected.

(2.) Heard the arguments of learned counsel appearing for the appellants, learned High Court Government Pleader for respondent No. 1-State and respondent No. 2/party-in-person.

(3.) Case of the prosecution is that; respondent No. 2 has filed a complaint stating that he is residing in Flat No. 404 of Kailasha Apartment, Kengeri and he belongs to Adi-Karnataka community and in the same apartment in the 5th floor in Flat No. 504, the appellants/accused Nos. 1 to 3 are residing. In the complaint, it is stated that on 2/5/2023 at about 11.20 pm, the complainant heard the sound of hitting with hammer from the house of the appellant No. 1-accused No. 1. He came out of the house and standing in the balcony, told accused No. 1 not to make noise as it causes trouble to them and asked them to stop the same and went inside the house and closed the door. After 2-3 minutes, he heard knocking sound of his door. When he opened the door, he saw accused Nos. 1 to 3 and they abused him in filthy words, entered his house, assaulted with hands and legs and therefore, in order to protect himself, he took mudde stick which was in his house and accused No. 1 snatched the same and assaulted with it on his left hand, fingers, on his back, right knee and he fell on the floor. At that time, accused No. 2 kicked him and pulled his knicker and accused No. 3 also kicked him. At that time, his wife who was sleeping woke up and came for his help and at that time, accused No. 1 assaulted on her head with the mudde stick and also on her thigh and accused Nos. 2 and 3 have abused his wife in filthy language and accused Nos. 2 and 3 held him and restrained him from helping his wife and they gave life threat and at that time, accused No. 3 has recorded the incident in her mobile. Thereafter, he and his wife took treatment in Shreya Hospital, Kengeri.