BUDEPPAGOUDA AND ANOTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused 3 and 4 under Sec. 439 of Code of Criminal Procedure, 1973, seeking regular bail in Crime No. 142 of 2016 of Gabbur Police Station, Raichur, registered for the offences punishable under Sections 143, 147,148, 323, 324, 307, 504 and 506 read with Sec. 149 of Indian Penal Code, 1860 and Sec. 3(l)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Brief facts leading to filing of the complaint are that, complainant was cultivating the land on lease, there was a canal water dispute between the accused and the complainant. The complainant has dug a pond in his land and was lifting the canal water from the ditch for which accused 3 objected. It is further alleged in the complaint that on 29-10-2016 at about 10.00 a.m. complainant was in an hotel by name Eelger Rangamma at Sunkeshwaral and was taking tea at that time accused persons came there on two motorcycles, accused 3 abused him with filthy language by taking his caste, Accused 1 took an axe lying in the hotel and assaulted on the right shoulder of the complainant and thereafter he also assaulted on the left leg below the knee. Accused 2 assaulted with butend of axe on back of the complainant, accused persons again abused the complainant by taking his caste and other accused persons kicked the complainant with legs and also threatened with dire consequences. On the basis of the complaint, a case has been registered and now the accused persons are in custody.

(3.) I have heard the learned Counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.