HANAMANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the appellant-accused and the learned HCGP for the respondent-State and the learned counsel for respondent No.2.

(2.) This appeal is filed by the accused No.2 in Crime No. 38/2024 of Babaleswhar Police Station. The appellant has approached this Court by filing petition under Sec. 439 of the Code of Criminal Procedure read with Sec. 14-A of the SC/ST (POA) Act assailing the order passed by the Special Court, rejecting the bail.

(3.) The factual matrix of the case is that on 15/3/2024 in the evening the complainant along with his wife Sunanda and his daughter, and son-in-law had been to their land. By the side of his land, the land of the accused is situated. It was stated in the complaint that the complainant had grown sugarcane and grapes and the crops were harvested but the dried waste of the crop had remained in his land. By the side of the land of the complainant, the accused No.1 Mallappa had stored hay stack. The complainant, in the evening had put fire to the wastage of the crop which was in his land and due to winds, the hay stack stored in the land of the accused also caught fire. Then all the accused No.1 to 6 came to the spot and started abusing the complainant and they did not listen to the complainant even though he stated that he would restore the hay stack which had caught fire in their land. It was alleged that the accused No.2 abused the complainant in filthy words by taking the name of his caste and with an intention to murder him, pushed the complainant into the fire of the hay stack. Thereafter, complainant came out of the fire and then the accused No.3 again pushed him into the fire. Then the wife, daughter and son-in-law of the complainant came to the spot and rescued him and many people had gathered and thereafter the complainant was shifted the hospital in a ambulance. While the complainant was taking treatment in the hospital, his statement was recorded and the FIR was registered in Crime No.38/2024 for the offences punishable under Ss. 143, 147, 341, 307, 506 R/w Sec. 149 of I.P.C. and Sec. 3(1)(r)(s), 3(2)(VA) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act.