SIDRAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 Crimial P.C. seeking bail in the event of his arrest in Crime No.8/2019 of Yadrami Police Station, for the offences punishable under Sections 323, 504, 506 read with Sec. 34 of Penal Code and Sec. 3(1)(r) of SC/ST (Prevention of Attrocities) Act.

(2.) The facts leading to this petition are that on the complaint filed by one Sharanappa s/o Mallappa Harijan, the police have registered a case against the petitioner and he is arrayed as accused No.1. The allegations are that on 12.01.2019 two persons by name Mahiboobsab and his brother Chandsab had come along with goods vehicle and carried five bulls (cattle) in their vehicle. Meanwhile, some of his villagers stopped the said vehicle. When the complainant went to the spot, the petitioner and another person by name Basappagouda had stopped the vehicle on the reason as to why they are carrying the bulls/cattle to slaughter house. At that time, the complainant told the petitioner that he has sold his bull to Mahiboobsab and Chandsab. If they want to purchase the said cattle they may do so by paying the amount to the complainant. Therefore, the petitioner and another person picked up quarrel and also kicked the complainant and threatened that if he sell the cattle to Choudhari's namely Mahiboobsab and Chandsab, they will take away his life. On account of financial difficulties the complainant and others have sold the cattle. On registering the case, police have taken up investigation and making attempt to arrest the petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner had filed a complaint dated 12.01.2019 to PSI Yadrami police station stating that two persons by name Mahiboobsab and Chandsab are carrying the cattle/bulls illegally in a goods vehicle without licence or permit to the slaughter house. When the petitioner and another person stopped the said vehicle, the complainant and others have picked up quarrel and assaulted the petitioner. Thereafter, as a counter blast they have filed a false case against the petitioner and another accused. In the event of arrest the petitioner would be put to hardship and in-justice.