BADDI DURUGESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is by accused No.5 in Crime No.81/2016 on the file of Kottur Police Station, Ballari District, for grant of anticipatory bail.

(2.) The complainant - Buggalli Karibasappa, a contractor, filed a complaint on 01.06.2016, stating that on 31.05.2016, the Government having proposed to put up a bore well near the public school for the public purpose through the Town Panchayat, at about 1.00 p.m. the rigging of the bore well started and at about 4.00 p.m. the work was finished and at that time, accused No.1 and the other accused persons came to him and asked him as to why a bore well was put up in their land. Later, the accused with the common object of picking up quarrel, abused him with regard to the drilling of bore well and by forming an unlawful assembly and by holding deadly weapons assaulted him and others and there was an attempt to commit his murder. A case in crime No.81/2016 was registered for the offences under Sections 143, 147, 148, 324, 504, 506 and 307 r/w. Section 149 of IPC. The investigation having been taken up, the petitioner and other accused filed Criminal Misc. Nos.5205/2016 and 5206/2016 in the Court of the III Addl. District and Sessions Judge, Ballari, sitting at Hospete. The said petition having been rejected by an order dated 24.06.2016, this petition was filed.

(3.) Shri. K. L. Patil, learned advocate, contended that the petitioner is a Government employee and he is a physically challenged person and is not at all involved in the alleged incident and due to family rivalry between the complainant party and the accused persons, the petitioner has been falsely implicated in the case. Learned advocate submitted that because of 60% disability to both lower limbs, the petitioner is unable to move from one place to another place, without the help and therefore, the allegation made in the petition being false and there being no overt act of whatsoever nature alleged against the petitioner, the petition may be allowed and anticipatory bail granted.