This petition is filed by the petitioners-accused Nos.1

and 2 under Section 482 of Cr.P.C. for quashing the

criminal proceedings in S.C.No.199/2018 pending on the

file of II Additional District and Sessions Judge, Hassan for

the offences punishable under sections 504, 307 read with

Section 34 of IPC registered by the Sakaleshpura Town

Police Station, Hassan District in Crime No.158/2018.

2.

Heard the arguments of learned counsel for the

petitioners, learned High Court Government Pleader for

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respondent No.1-State and learned counsel for respondent

No.2-Defacto complainant.

3.

The case of the prosecution is that on the

complaint of the defacto complainant-respondent No.2, the

Police registered a case against the petitioners for the

offences punishable under Sections 504, 307 read with

Section 34 of IPC. It is alleged by the complainant-C.W.1

that on 08.05.2018 at about 8.30 a.m., when the

complainant was getting the repair work of water pipe

behind his house with the plumbers i.e., CWs.2 and 3, at

that time, accused Nos.1 and 2 went to the spot and

abused the complainant in filthy language. Earlier there

was dispute between the petitioners and the complainant,

they have abused the complainant in filthy language and

also threatened him to leave the vacant space to them.

On that background, when the complainant was carrying

out the repair work, accused Nos.1 and 2 came there and

picked up quarrel who were said to be the neighbours of

the complainant abused him in filthy language and accused

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No.2 said to have holding machete while coming and she

gave the same to accused No.1 and instigated him to

commit murder of the complainant. Thereby, accused No.1

assaulted him on the left side of the neck, left shoulder

and on the head. At that time, CWs.2 and 3 who are the

plumbers present there came to pacify the quarrel, the

injured was taken to the hospital and the MLC (Medico-

Legal Case) was sent to the Police. Accordingly, the Police

visited the hospital, recorded the statement of the injured

in the presence of the Doctor and thereafter, the case was

registered and FIR was issued. Subsequently, the Police

investigated the matter, charge-sheet came to be filed and

the case was committed to the Court of Sessions under

Section 209 of Cr.P.C. Accordingly, learned Sessions Judge

taken for the trial which is under challenge.

4.

Learned

counsel

for

the

petitioners

has

strenuously contended that there is no serious injury

sustained by the complainant. There was similar dispute

between the complainant and the petitioners from last two

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decades from the date of incident. Therefore, the

complainant has falsely implicated the petitioners. On

perusal of the injury, there is no ingredients to attract

Section 307 of IPC and therefore, conducting trial for the

offence punishable under section 307 is abuse of process

of law. Hence, prayed for quashing the same. In support

of his contention, learned counsel for the petitioners has

produced the order passed by the Co-ordinate Bench of

this Court in Crl.P.No.8700/2016 dated 11.07.2019.

5.

Per contra, learned High Court Government

Pleader seriously objected the petition and contended that

there are injuries found on the neck and head of the

complainant. The MLC was sent to the Police and the

statement of the injured was recorded in the hospital

where the injury was on the head and the neck which

clearly suggests that it is attempt to commit murder.

Whether the injury is serious or simple in nature is

immaterial. Only the motive and intention is relevant for

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considering the framing of charge under Section 228 of

Cr.P.C. Hence, prayed for dismissing the petition.

6.

Learned counsel for respondent No.2-defacto

complainant also objected the same and contended that

there are three eye-witnesses to the incident i.e., CWs.2

and 3-the plumbers and the sister of the complainant. The

complainant was admitted to the hospital for three days

from 08.05.2018 to 10.05.2018. There was an injury due

to machete