SANNAPPA @ MUDAKAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has been arraigned as accused No.1 in Crime No.79 of 2015 registered by Laxmeshwar Pol ice Station for the of fences punishable under Sections 143, 147, 148, 323, 324, 354, 302, 427, 504 and 506 read with Section 149 of the Indian Penal Code and Sections 3(1)(x), 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Sub-Inspector of Pol ice of Laxmeshwar Pol ice Station suo moto set the criminal law into motion by lodging a complaint against accused persons in Crime No.79 of 2015 alleging that on 07th June 2015 at about 7.35 p.m. while he was in pol ice station, he had received information regarding a quarrel taking place between Ghantichor community people and other community people of Balehosur Village and based on said information, he along with staf f rushed to Balehosur Village and on his way, near Balehosur Pol ice outpost, he noticed two groups of mob were coming from Balehosur village and they were abusing each other and they were also holding deadly weapons and on seeing the mob, the complainant along with his staff intervened and disbursed the mob and at that time, other community people started throwing stones on the house of Ghantichor Community people and in turn, said Ghantichor community people also started abusing the other community people and started pelting stones which resulted in injuries being sustained to persons of both community. It is further alleged that on informing the situation to the higher off icials, the complainant shifted the injured persons to the Government Hospital, Laxmeshwar and the higher of ficials, after receiving the information regarding unrest rushed to the spot and noticed that other than Ghantichor community people, other villagers were staging dharana before Police outpost stating that they are victims of violence by Ghantichor Community people and requested the authorities to take action against them. It was alleged that 200-300 people from both community were involved along with accused persons in the commission of crime and on these grounds, a complaint came to be registered in Crime No.79 of 2015 for the of fences punishable under Sections 143, 147, 148, 323, 324, 354, 302, 427, 504 and 506 read with Section 149 of the Indian Penal Code and Sections 3(1)(x), 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) On the basis of complaint lodged by one Sri.Nagaraj Gulappa Gudageri, before Laxmeshwar Pol ice on 08th June 2015 at 19.45 hours alleging he and his uncle were assaulted, it came to be registered in Crime No.81 of 2015 against accused Nos.1 to 34 for the offences punishable under Sections 143, 147, 148, 307, 354, 504, 506 and 427 read with Section 149 of the Indian Penal Code and Section 3(1)(x), 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. On the basis of complaint lodged by one Kuber Bharamappa Chigeri, Laxmeshwar Pol ice have also registered a case on 10th June 2015 at 14.15 hours in Crime No.82/2015 against 56 persons for offences punishable under Sections under Sections 143, 147, 148, 341, 307, 323, 324, 504, 506 and 109 read with Section 149 of the Indian Penal Code and Section 3(1)(x), 3(1)(xi) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.