SURESH Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned HCGP for the Respondent -State. Perused the records.

(2.) The petitioners are arraigned as Accused Nos. Station, Shivamogga District, registered against them for the offence punishable under Sections 353, 333, 143, 144, 147, 504 r/w. 149 of IPC on the file of Respondent- Police, now pending before the Court of Addl. Civil Judge (Jr.Dn.) and JMFC-III, Bhadravathi, Shivamogga District.

(3.) The allegations in brief are that, on 07.09.2019, the complainant was designated to Bhandubast Duty of Ganesh Idol Procession and Immersion and accordingly, on the said day, he along with other three home guards reported for the duty at 2.00 p.m. In the midnight of 08.09.2019 at around 12.20 a.m., he instructed the concerned people of Ganesha Procession to stop the mike-set, as it was already midnight, in order to maintain peace in the locality. In this context, one Madhusudhan @ Solle has abused the complainant in filthy language and assaulted him with a stone on his head and caused severe injuries and thereafter, other 7 to 8 persons have also dragged him from one place to another and torn his Police Uniform. Immediately, the home-guards who were present there on duty, took the complainant to the Government Hospital at Bhadravathi for treatment. At about 1.15 a.m. the complainant gave his statement. Initially the complaint was only against one Madusudana, but later, apart from him, nearly 8 accused were added. On these allegations the respondent-police have registered a case against the petitioners (A6 and A7) and others on 09.09.2019. On the basis of further statement of the complainant that, apart from Accused No.1- Madhusudhan other 7 to 8 persons were also involved in the alleged crime, the petitioners (A6 and A7) were also secured to the police station and they were identified by the complainant as the assailants, who assaulted him, and as such, they were arraigned as accused in the aforesaid crime.