S MADAR SAHEB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.101308/2019 has been filed by the petitioner-accused No.4 under Section 438 of Cr.P.C for anticipatory bail and Crl.P.No.101309/2019 has been filed by the petitioners-accused Nos.1 to 3 under Section 439 of Cr.P.C. to grant regular bail in Crime NO.72/2019 of Hadagali Police Station for the offence punishable under Sections 323,324, 341, 109, 447, 504, 506 and 307 R/W Section 34 of IPC pending on the file of III Addl. District and Sessions Judge, Ballari, sitting at Hosapete.

(2.) I have heard the learned counsel for the petitioners and learned HCGP for respondent-State.

(3.) The genesis of the complaint is that the complainant was cultivating the land bearing Survey No.295/4 measuring 05 acres 74 cents situated in Mudenuru village of Hadagali taluk. Towards Southern side of the said land, accused No.1 used to cultivate land bearing survey No.104(295/3) measuring 1.1/2 acres belonging to Government. There are 15 tamarind trees of 35 years old situated on the bund between these two lands belonging to complainant. About one year back, complainant cut off two neem trees, for which accused No.1 used to quarrel with complainant claiming that said two need trees belonging to him.ON 26.05.2019 at 4.00 p.m. accused Nos. 1 to 3 trespassed into complainant's land, picked up quarrel. When complainant tried to convince them to settle the issued after measurements, but accused persons abused the complainant in filthy language, threatened with dire consequences, on the abatement of accused No.4. Accused Nos.1 to 3 pulled down the complainant on the ground and assaulted him with tone on his left ear and also assaulted below the right eye and attempted to commit his murder by squeezing his neck. On the basis of the complaint case came to be registered.