GOVINDAIAH Vs. STATE

JUDGEMENT

(1.) Petitioners are accused Nos.2 and 3 in Crime No.79/2020 registered against them by the Ramanagar Rural Police Station for the offences punishable under Section 506 , 323 , 307 , 504 read with Section 34 of IPC. This petition is filed under Section 438 of Cr.PC to enlarge them on bail in the event of their arrest.

(2.) On the information of Arasappa, the police have registered Crime No.79/2020 against the petitioners for the offences punishable under Sections 506 , 323 , 307 , 504 read with Section 34 of IPC. It is alleged by the informant that there was a property dispute between his father-in-law and his brother, Govindaiah, who is petitioner No.1 and on 28.2.2020 at about 10.00 a.m. and when the complainant along with his father-in-law and wife were standing near the agricultural land, all the accused came and picked up quarrel with the informant and he was pushed by accused Nos.2 and

(3.) and kicked by them and he was also assaulted with their hands. It is further alleged that in the meantime, accused No.1, who happens to be the son of accused Nos.2 and 3 with an intention to cause death of the informant, came armed with chopper and tried to assault the informant on his neck. But some how, the informant escaped from the blow, but however, his right ear was cut, because of assault by accused No.1. The police are now intending to arrest the petitioners. The jurisdictional Sessions Judge rejected the petition filed under Section 438 of Cr.PC. Hence, this petition. 3. Learned counsel for the petitioners submits that the only allegation against the petitioners is that they have pushed the informant and kicked him with their legs and also assaulted with their hands. It is further submitted that the petitioners are aged and the allegations leveled against them do not satisfy the ingredients so as to attract the offences alleged against them. He further submits that the offences alleged are not grave in nature. Hence, he seeks for grant of anticipatory bail by imposing conditions.