RAMESH D R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by accused No.13 praying to set-aside the order dtd. 26/6/2024 passed in Crl.Misc.No.1330/2024 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, whereunder, the bail application of this appellant - accused No.13 sought in respect of Crime No.14/2024 of Channarayapatna Police Station, registered for the offences under Ss. 143, 147, 148, 447, 120B, 323, 324, 302, 307, 354, 504 and 506 r/w Sec. 149 of the Indian Penal Code, 1860, Ss. 3(1)(r)(s)(w) and 3(2)(v-f) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, came to be rejected.

(2.) Heard learned counsel for the appellant - accused No.13, learned counsel for respondent No.2 and learned High Court Government Pleader for respondent No.1 - State.

(3.) It is the case of the prosecution that CW8 - Sri.Narayana Swamy is the owner of Sy.No.77 and he agreed to sell 10 guntas of land out of 1 acre 10 guntas of land to accused No.11 for a sum of Rs.12,85,000.00 and received an advance amount of Rs.3,15,000.00. Thereafter, a substantial portion of the land in Sy.No.77 is acquired for formation of road and CW8 has not executed a registered sale deed and agreed to return the advance amount to accused No.11. That, on 31/1/2024 at 9.30 am, CW8 was digging the bore well in his land. Accused Nos.1 and 11 came there and raised objection for such digging of bore well in the said land and CW8 did not stop digging of the bore well. Accused Nos.1, 11 to 13 called accused Nos.2 to 10 near Toll Plaza and hatched criminal conspiracy and accused Nos.1, 11 to 13 abetted the other accused to make galata to stop the bore well work and to commit the offences against CW8 and his family members. Thereafter, accused Nos.1 to 10 formed an unlawful assembly, accused Nos.1 to 7, 9 and 10 were holding deadly weapons like clubs and accused No.8 was holding chopper and they went to the land of CW8 at 10.30 am on 31/1/2024. Accused Nos.1 to 10 trespassed into Sy.No.77 to stop digging the borewell. At that time, CWs.1 to 9 and the deceased Sri.Sanjay raised objection and accused Nos.1 to 10 assaulted them and as a result, the deceased Sri.Sanjay sustained grievous bleeding injuries and succumbed to the injuries on 9/2/2024 in the hospital. CWs.1 and 5 sustained simple injuries and CWs.2, 4, 6 and 7 sustained grievous injuries. CW3 sustained simple as well as grievous injuries. A complaint came to be filed in that regard. After investigation, charge sheet came to be filed for the aforesaid offences. This appellant - accused No.13 came to be arrested on 1/2/2024 and he is in judicial custody. The appellant - accused No.13 filed Crl.Misc.No.1330/2024 seeking bail and the same came to be rejected by the impugned order which is challenged in this appeal.