NINGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner who is a practicing Advocate arrayed as accused No.11 in Special Case No.12/2013 on the file of Prl. Sessions Judge, Yadgiri, has preferred this revision petition against the order dated 01.07.2014 passed by the learned Sessions Judge, in the above said special case, in refusing to discharge accused/petitioner for the offences alleged against him under Sections 143, 147, 148, 324, 504, 506, 355 109 r/w Section 149 of Indian Penal Code and for the offence punishable under Section 3(1) (x) of SC/ST (Prevention of Atrocities) Act 1989.

(2.) THE brief factual matrix that emanate from the records are that on the complaint lodged by a person by name Mallappa S/o Doddappa and Saibanna S/o Ramappa stating that on 14.01.2013 accused Nos.1 to 10 formed an unlawful assembly at about 4.30 to 5.00 p.m., and assaulted and abused the complainant and other witnesses. They have also abused them in filthy language referring to their caste and therefore, police have registered the case against the accused persons.

(3.) THE allegations made against the present petitioner is that accused Nos.1 to 10 while assaulting and abusing the complainant and his witnesses have taken the name of this petitioner as abettor by specifically saying that they have the support of accused No.11/petitioner herein, as he is an Advocate, he abetted them to assault and commit offences so that he can take care of them later. On these allegations, the petitioner was also arrayed as accused No.11.