DEEPU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.2 praying to set aside the order dtd. 21/6/2023 passed by VI Addl. District & Special Judge, Mysuru in Crl.Misc. No. 1075/2023 whereunder the petition filed by the appellant/accused No.2 under Sec. 438 of Cr.P.C . in respect of Cr. No. 81/2023 of Gundlupet Police Station registered for the offences punishable under Ss. 341, 323, 307, 504, 506 r/w Sec. 34 of IPC and Sec. 3(1)(r)(s) of SC and ST (POA) Act, came to be rejected.

(2.) Heard the learned counsel for the appellant and learned Addl. SPP for Respondent No.1-State. Inspite of service of notice to respondent No.2, he remained absent and unrepresented.

(3.) The case of the prosecution is that on 27/3/2023 at about 11.45 a.m. in Gundlupet Court premises the petitioner came behind and questioned the complainant as to why he spit on his brother's face and thereafter, assaulted and abused and at that time accused No.1 came there, he abused the complainant by taking the caste name and both accused No.1 and 2 assaulted the complainant on his forehead, chest, limb and body and made him to lie on the ground and accused No.1 put his knees on his stomach and assaulted with wrists on his face, nose, near eye and caused injury. Thereafter, both accused No.1 and 2 pressed the neck of the complainant and made an attempt to commit his murder. At that time, the advocates gathered there stopped the quarrel and accused No.1 and 2 gave him threat and went away from that place. The petitioner who has been arrayed as accused No.2 is apprehending his arrest, filed the petition under Sec. 438 of Cr.P.C ., which came to be rejected by the Special Court by the impugned order. The same is challenged in this appeal.