SRI. PANDU Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner under section 439 of the Code of Criminal Procedure, 1973 in connection with Koppal Rural P.S. in Crime No.22/2018 for offences punishable under Sections 143, 147, 148, 341, 504, 307, 506, 109, 201 read with Section 149 of the Indian Penal Code, 1860 besides Sections 3(1)(r)(s), 3(2)(v-a) of SC and ST (Prevention of Atrocities) Act 1989. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

(3.) It is stated in the complaint that the nephew of the complainant by name Ganesh, who works in KSRTC and he is a Kabaddi player and used to take part in various competitions and was successfully winning in a tournament and along with that he trains young boys in his village and accordingly, he use to participate in Kabaddi tournament along with his team and he has won in many competitions. In this regard, there was enmity developed between the said Ganesh and accused No.1 and others. On 7.2.2018 at about 6.00 p.m. when the complainant-Channappa and Gopi standing near bus stand, at that time Ganesh came there and invited both of them for tea and as such all together went to Manjunath Hotel and Ganesh told them that he will get recharge his mobile phone and come back. The complainant saw Ganesh going to Mobile Currency shop, while Ganesh was returning, he saw accused No.1 namely Vijay Maruteppa Haligeri and associates came there and started assaulting Ganesh from stick, iron rods indiscriminately on his body and accused persons took injured Ganesh in a motor cycle to the farm land belonging to accused No.1-Vijaya Maruteppa Haligeri and therein accused persons again assaulted the injured Ganesh with deadly weapons all over his body and thereafter, accused persons threw injured Ganesh near District Hospital, Koppal. On filing of the complaint by complainant a case came to be registered for the alleged offences and thereafter, the investigation was conducted by the Investigation Officer and charge sheet has been laid against the accused persons in S.C.(AC) No.30/2018 which is pending before the District and Sessions Court, Koppal.