STATE OF KARNATAKA Vs. RAJAN

JUDGEMENT

(1.) This petition has been filed by the petitioner-State under Sec. 439 (2) of CR.P.C. to cancel the bail granted by the III Addl. Sessions Judge, Belagavi District, Belagavi in Crl.Misc. No.237/2018 dated 15.02.2018.

(2.) I have heard the learned HCGP and learned counsel for the respondents-accused.

(3.) The factual matrix of the case of the prosecution is that CTS No.4801/A and 4802/B situated near Keerti Hotel, Chavat Galli Cross, Old P.B. Road, Belagavi was belonging to the family of Patil. Complainant had executed a registered sale deed in respect of the said properties from its owners and there was verbal agreement taken place between them that, this complainant should give six flats and six shops to the family of Patil after construction of Apartment in the said properties. Accordingly, the family of Patil is staying in the said six flats and making use of six shops in the apartment. The members of the Patil's family being not satisfied over construction work, used to quarrel with complainant. Frequently, the facts being stood thus, on 22.01.2018 at about 4.00 p.m., when the complainant was at the said Apartment, the petitioners along with other accused persons wrongfully restrained him and picked up quarrel uttering as the said complainant had grabbed their property by practicing fraud and he had not made sufficient water facility and lift facility to their flats and as he belongs to the Schedule Caste, only with that intention grabbed the properties of the upper caste. Immediately, Pramod Patil and Vishal Patil assaulted the said complainant on his right side neck and on chest with long sword and attempted to kill him. The remaining accused too had assaulted the said complainant with hands and footwear over his limbs and wrongfully confined him in a room. On the basis of the above, a complaint has been registered.