MYLAPPA AND OTHER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioners-accused Nos.1 and 2 under section >439 of Code of Criminal Procedure, 1973 seeking their release on bail for the alleged offence punishable under Sections 323, 324, 504 and 506 read with Section 34 of IPC in Crime No.195/2017 of Harihara Town Police Station.

(2.) I have heard learned Senior counsel Sri C H Jadhav on behalf of petitioners-accused Nos.1 and 2 and also heard learned HCGP for respondent-State.

(3.) The genesis of the complaint are that one Nethravathi, informed the complainant that petitioners assaulted his father and he sustained injuries and immediately complainant came to said place and when he enquired about the incident, the injured explained that injured used to put food to the birds on the terrace of his house and petitioners picked up quarrel stating that he is doing black magic and to stop the same. Even in spite of telling the same on the alleged date of incident, the injured started chanting mantra and was smearing water and also doing some acts. Petitioners under the impression that again he is doing black magic went and started quarrelling and injured also quarreled with the petitioners and at that time accused No.1 assaulted deceased with brick on his face, head and other parts. So also accused No.2 assaulted by fisting and accused No.3 also assaulted with hands.