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ANAND BYRAREDDY
Shivasharanappa – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Shri Gururaj Rao Kakkeri, Advocate
For the Respondent: Shri P.S. Patil, Government Pleader

JUDGMENT

Anand Byrareddy, J.—Heard the learned counsel for the appellant and the learned Government Pleader.

2. The appellants were arraigned as accused nos.l,5 and 6 in Crime No.27/2009 and it was later numbered as Special Case NO.86/2009 before the court below.

3. The background was that on 21.2.2009, at about 9 a.m., in Dhuttargoan village, when one Parmeshwar was going along the road after playing volley ball, it transpires that Nagendra, who was present there, saw the accused forming themselves into an unlawful assembly attacked PW.3 and when the complainant intervened, they continued to attack the complainant and when again, the complainant tried to intervene, he was in turn assaulted by accused no.3. There were six accused in all. On the basis of the complaint, they were arrested and enlarged on bail. Thereafter, they were charge-sheeted for offences punishable under Sections 143, 147, 148, 323, 324, 326, 504 and 506 read with Section 149 of the Indian Penal Code, 1860 (Hereinafter referred to as the ‘Indian Penal Code, 1860’, for brevity) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as the ‘SC

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