(1.) The present petition has been filed by petitioner-accused under section 439 of Cr. P.C., 1973 to release him on regular bail in Crime No.214/2018 of Nelamangala Town Police Station for the offence punishable under Section 307 of IPC and also under Section 3(2)(5) of Scheduled Caste and Scheduled Tribe (Prevention of Attrocities) Act, 1989.
(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader. Though the complainant was served, he has remained absent.
(3.) The gist of the complaint is that complainant was residing at Vinayakanagara, Ganeshnagudi, Sondekoppa Road, Nelamangala town, since 20 years and near his house, Ranganatha-petitioner was residing and the sanitary pipe line next to his house has been broken by the father of Ranganatha three months back and the water was flowing in front of his house causing difficulty to move on the road and they requested the accused to repair it, but, the accused abused them and told them to tell to his panchayat members and on the same day, he gave an application to Vajarahalli Panchayath and on the same day at about 10:00 a.m, when the complainant and his son were standing near their house together, the complainant's son went in Qualis car bearing Registration No. KA-05 DT-8978 at about 10:30 to 11:00 a.m, accused abused his son in filthy language by taking his caste and assaulted on right hand, right shoulder and leg with chopper, due to which his son sustained bleeding injuries. It is further alleged that the accused also gave a life threat and at that time, the villagers came and pacified the situation and on the basis of the said complaint, a case was registered in this behalf.