ANNARAO Vs. STATE

JUDGEMENT

(1.) This petition is filed by the de-facto complainant under Sec. 439(2) of the Code of Criminal Procedure, 1973 (for short ' Cr.P.C .') in Crime No.70/2022 of Chittapur police station for cancellation of bail granted by the learned IV Additional District and Sessions Judge, Kalaburagi to accused/respondent Nos.2 to 14 herein in Crl.Misc.Nos.2060/2022, 2225/2022 and 2584/2022. Now the matter is pending on the file of IV Additional District and Sessions Judge, Kalaburagi sitting at Chittapur in S.C.No.30/2023 registered for the offences punishable under Ss. 143, 144, 147, 148, 323, 324, 307, 302 , 120-B, 326, 504 and 506 read with Sec. 149 of the Indian Penal Code, 1860 (for short ' IPC '). The complainant also prayed to commit the aforesaid accused persons to the judicial custody.

(2.) Heard the learned counsel for the petitioner, the learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent Nos.2 to 14.

(3.) The case of the prosecution is that, on 13/6/2022, CW.1 lodged a complaint alleging that there was a rivalry between the family of the complainant and during the Taluka and Zilla Panchayat elections the rivalry was developed to the maximum extent. On 12/6/2022, during the afternoon, there was a quarrel took place between accused No.1 and CW.1 in respect of a drainage water and on the same day at 9.30 p.m., when the complainant was sitting in front of his house, accused No.1 was passing there and thus, the complainant questioned accused No.1 as to why he had picked up quarrel with CW.21, thus, accused No.1 took quarrel with the complainant and accused No.1 assaulted the complainant with stick on his left side portion of head, on both elbows and caused bleedings injuries. On 13/6/2022, at about 12.30 noon, when the complainant and his friends i.e., CW.22 - Abhishek, CW.24 - Avinash, CW.16 - Mallikarjun, CW.34 - Jagannath, CW.33 - Vijaykumar along with deceased Vishwanath were sitting in front of his house, at that time, accused persons by holding deadly weapons in their hands, came in front of the house of the complainant and started quarreling with them, abused them in filthy language and intentionally provoked their breach of peace, accused No.2 assaulted the complainant with stick on his head and Vishwanath assaulted by all the accused persons, thus, he died on the spot. Hence, CW.1 lodged a complaint with the respondent - police. On the basis of the complaint, respondent No.1 - police registered a case in Crime No.70/2022 for the aforesaid offences.