SANGAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is directed against the order passed by the learned District and Sessions Judge, Koppal, dated 28/1/2015 whereby the Hon'ble has been pleased to reject the petition filed by the petitioners praying that they may be enlarged on bail for the offences punishable under Sections 143, 147, 148, 323, 324, 302, 504, 506 R/W 149 of IPC.

(2.) THE case of the prosecution is that on 30/11/2014 at about 9.00pm, the petitioners had aimed to thrash out their misunderstanding which had cropped up earlier on account of one Jagadish S/o Yankappa using filthy language, while conversing on his mobile phone, this was objected to by Tirumala and Ramesh who insisted upon him not use vulgar and filthy language in pubic as it was causing alarm to the children and women. This in turn led to quarrel and one Yankappa, the deceased had intervened and to pacify them. This incident is alleged to have occurred on 29/11/2014 at about 10.00am. Later on, the parties had resolved to assemble in the house of one Ramanna Hadimani to thrash out the differences and amicably settle the petty dispute that had arose. Accordingly, they assembled in the house of the said Ramanna Hadimani on 30/11/2015 at 4.00pm. But, yet again they failed to resolve the same. Later on at about 9.00pm, the accused persons had gathered in the locality and quarrel arose between the deceased and his friend on the one hand and the accused on the other hand. It is stated in the complaint that the deceased was assaulted with hands and stones. That, the deceased was fisted on his chest and he is also alleged to have fallen and suffered injuries.

(3.) THE petitioners' counsel submits that the deceased and his friends had consumed liquor and they picked up a quarrel and in the scuffled the said deceased fall down and suffered injury. No weapons have been used to cause the same. He has referred to the opinion of the Government Physician, Gangavathi, dated 22/1/2015 which states as follows: -