MALLANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.3, 5, 6, 8, 10 and 15 under Sec. 439 of Crimial P.C. seeking regular bail in Crime No.10/2014 of Sirwar Police Station, Raichur, (S.C. No.42/2014) registered for the offences punishable under Sections 143, 147, 148, 504, 323, 324, 326, 307, 302, 427 r/w Sec. 149 of IPC.

(2.) Brief facts leading to filing of the complaint are that on 10.01.2014 complainant-Santosh lodged a complaint with the respondent-Police contending that in the morning hours of the very day some villagers assembled near Eralgadda to discuss about the Kond-awada, which was demolished by Deven-drappa. In that meeting they decided to call Devendrappa to convince him to leave that place to construct new Kondawada. In that context, the people who gathered there asked Dr. Venkanagouda to send a word to Devendrappa to come to the said place. In pursuance thereto Devendrappa came along with 14 others with deadly weapons and started quarrelling with the people gathered there and assaulted Shankr-epagouda, father of the complainant. Shivan-agouda, Sharanapagouda, Ashok, Hanamanth and Shivalingappa have damaged the car of Venkanagouda. It is stated that due to the said assault, Shankreppagouda died on the spot. Based on a complaint, the respondent-police registered a case in Crime No.10/2014. It is alleged that in the said galata the injured Ashok sustained injuries and succumbed to the injuries on 11.01.2014 in the hospital. It is relevant to mention here itself that the complainant's side assaulted the persons on petitioners' side, at that time some of the accused in the above crime number were also grievously injured, as such, a counter case came to be filed in Crime No.11/2014 for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506, r/w 149 of Penal Code against CW.17-Dr. Venkanagouda and CWs.1, 2, 9, 13, 15, 19 and 20 who are witnesses in Crime No.10/2014. Thus, there are case and counter case. After completion of investigation in with the crimes, the police filed the charge sheets. Thereafter they were committed to Sessions Court.

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