MR.HANUMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have been arraigned as accused in Crime No.64 of 2016 by Hosahalli Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 307 and 114 read with 149 of the Indian Penal Code. Apprehending their arrest, they are before this Court seeking for being enlarged on bail in the event of their arrest.

(2.) A complaint came to be lodged by Smt.Manjula R. @ Fathima on 25 t h March 2016 alleging that at about 8.00 a.m., accused No.2 - Sri.Ajjayya was transporting bricks in a tractor trailer in front of her house and she had informed him not to use the said road. However, said accused along with his brother Sri.Hanumappa picked up a quarrel with her, abused her in indecent words and said Sri.Hanumappa also called his younger brother and other accused persons and after picking up quarrel with her, with a common object, formed an unlawful assembly, committed rioting by using force and violence and by holding a rod, assaulted on chest, stomach, trunk, head, shoulders of her husband and attempted to commit his murder and they had also snatched her golden Mangalya and threatened with her life in future. Accordingly, complaint came to be registered. Investigation is under progress.

(3.) It is the contention of Sri.Shivaraj Hiremath, learned counsel appearing for petitioners, that petitioners have been falsely implicated, inasmuch as petitioners had lodged a complaint against complainant and her husband for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which has been registered in Crime No.62 of 2016 by Hosahalli Police Station and as a counter -blast, present complaint has been lodged by Smt.Manjula @ Fathima against petitioners. It is also contended that medical records would disclose that alleged injuries sustained by the husband of complainant are not grievous in nature and in fact, no such injuries are found on the victim after clinical examination. Hence, he prays for petitioners being enlarged on bail.