JAGANNATHKAR Vs. STATE THROUGH BEMALKHEDA POLICE STATION

JUDGEMENT

(1.) The present petition is filed by the petitioner/ accused Nos.2 and 3 under Section 439 of Cr.P.C. for grant of bail in Crime No.55/2016 of Bemalkheda Police Station, Bidar for the offences punishable under Sections 143, 147, 148, 341, 323, 504, 302 r/w Section 149 of IPC and also for the offence punishable under Sections 3(1), (2), (5) and (10) of SC/ST (Prevention of Atrocities) Act, 1989.

(2.) Brief facts of the case are that, one Veerendra Kumar has lodged the complaint alleging that on 27.05.2016 at about 10.30 p.m. when the deceased along with his friends were sitting on the katta of Jamnor's house, at that time accused Nos.1, 2 and 3 came there and abused in filthy language and the deceased asked as to why they are abusing to his brother, then they assaulted the deceased, deceased tried to escape from there, but accused Nos.4 and 5 caught hold the deceased and accused No.1 assaulted with stick on the head and nose of the deceased and fled away from the spot. Subsequently, the deceased has been shifted to Changlera Hospital and thereafter to Mannaekheli Hospital, but during shifting to Hospital, the deceased succumbed to injuries in the hospital. On the basis of the said complaint, case came to be registered against the petitioners along with other accused persons for the alleged offences.

(3.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.