KENCHAPPA SIDDAPPA BANTE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned Government Pleader for the respondent-state.

(2.) The petitioners are accused Nos.10, 11, 13, 14, 15, 18, 19, 20, 21 and 22 in Crime No.347 of 2018 of Raibag Police Station. The said case was registered against 27 persons including these petitioners for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 447, 427, 307, 306, 504 and 506 r/w 149 of Penal Code on the basis of the complaint of one Beerappa Bante.

(3.) The factual matrix of the case is that the property bearing R.S.No.70/1 belongs to complainant party. Despite the request of Sadashiv Rama Bante, the uncle of the complainant, the accused did not hand over possession of the said property and hence, there was enmity. On 16.10.2018, the accused came to the land in tractors and damaged the irrigating pipe-lines installed in the lands. It is the allegation that they have assaulted the complainant party and abused them in filthy language. As a result, due to humiliation, Sadashiv consumed poison on 20.10.2018 and attempted to commit suicide, consequently, he died on 21.10.2018 in the hospital. The main allegation against these petitioners is that they made an attempt to assault the complainant party with axe. However, the Sessions Court has granted bail to accused No.3 and statement of the alleged injured and other eye-witnesses are already recorded. It is contended that the said statement did not indicate that the injured took any treatment in the hospital and even they have not been sent for medical examination.