SIDDAPPA SABANNA MEDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners/accused Nos. 1, 4, 5 and 6 have sought for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as " Cr. P. C . ") in Crime No. 146/2019 of Yadgiri Rural Police Station registered for the offences punishable under Sections 143 , 147 , 148 , 323 , 324 , 326 , 307 , 504 , 506 read with Section 149 of the Indian Penal Code , 1860 (hereinafter for brevity referred to as " IPC ").

(2.) The summary of the case of the prosecution is that, on 04-11-2019, at about 7:00 p. m. , when the complainant and his few relatives were sitting in front of their house, at that time, fourteen accused including the present petitioners who are accused Nos. 1, 4, 5 and 6 approached them, after forming themselves into an unlawful assembly and armed with deadly weapons like stones, sticks, iron rods, axe, etc and uttering that since the complainant and his family members are disputing with respect to the land and also on the said day, they had beaten their dog for no reasons, assaulted the complainant and his family members. The complaint further alleges that in the said process, the complainant and several people who were present also sustained injuries. The complainant also alleges that the accused have threatened him and his relatives that they will take away their lives. The said complaint was registered in Crime No. 146/2019 in the respondent - Police Station for the alleged offences.

(3.) Learned counsel for the petitioner in his argument submitted that due to the previous enmity, the complainant and his family members, joining together have lodged a false complaint against the accused. He further submitted that even if the alleged complaint is taken on its face value, it only makes out a case of trivial altercation between the parties. He further submitted that since the investigation has already been completed, the apprehension of the accused is also not warranted.