VIJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant-accused feeling aggrieved by rejection of Regular bail application filed under Sec. 439 of Cr.P.C. on the file of II Addl. District and Sessions Judge, Uttar Kannada, Karwar, in Sirsi Town Police station Crime No. 19/2013, dtd. 31/3/2023, preferred this appeal.

(2.) Parties to the appeal are referred with their ranks before the Trial Court for the sake of convenience.

(3.) The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 8/3/2023 near Shivaji Chowk, Ashwath Katte Auto stand, complainant was talking with auto driver-Nataraj Shivanand Karkekar. At that time, accused started abusing Nataraj in filthy language stating that as to what he is doing with complainant, who belongs to Chamagar caste, further proceeded to assault Nagaraj by picking wooden reap from his auto rickshaw over his head. However, he escaped, but in the process Nataraj suffered injury over his right eye. When complainant went to rescue Nataraj, accused abused the complainant by taking his caste and assaulted by means of wooden reap over his head and suffered injuries on his little finger. Auto drivers in the stand by name Ram Murthi and Yusuf pacified the quarrel. On these allegations made in the complaint, case was registered in Sirsi Town Police Station crime No. 19/2023 for the offences punishable under Ss. 323, 324, 307, 504, 506 of IPC R/w. Sec. 3(2)(va), 3(1) (r), 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.