SANJEEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - accused No.1 is before this Court seeking to be enlarged on anticipatory bail in the event of his arrest in Crime No.13 of 2020 of Old-Hubballi Police Station as regards the complaint which had been initially lodged for the offences punishable under Sections 143, 147, 427, 504, 506, 395 and 149 of IPC.

(2.) The case of the prosecution is that the petitioner had initially lodged the complaint against one Arbaj in Old-Hubballi Police Station with allegation against the said person as regards offences under SC/ST (Prevention of Atrocities) Act, 1989, which came to be registered as Crime No.12 of 2020. Subsequently on the same day, a complaint came to be filed at 8:30 p.m. which came to be registered in Crime No.13 of 2020, wherein the said Arbaj had filed complaint stating that one Sanju Mysore of Sahadevnagar had visited his Pan Shop and insisted on a pan to be given to him immediately. When the same was delayed and on demand being made for payment of Rs.20/- towards pan, he abused the complainant with filthy language, threatened him, pulled him out of the shop, beat him with chappal. Later on he called his 15 to 20 friends, who also assaulted the complainant, snatched his gold chain, entered the Pan Shop and took away Rs.25,000/- from the said shop. It is on this basis, complaint in Crime No.13/2020 is stated to have been filed.

(3.) Shri Vidyashankar G.Dalwai, learned counsel for the petitioner would submit that the complaint filed by the complainant is only a counter blast to the complaint, which was initially filed by him, there is no truth in the complaint, the petitioner has been falsely implicated. On investigation being conducted, a charge sheet has been laid on 01.04.2020 for the offences under Sections 427, 323, 355, 504 and 506 of IPC, whereby leaving out the offences under Sections 143, 147, 149 and 395 of IPC. Thus, he submits that the ex-facie reading of the charge sheet, the offences, which have been now alleged against the petitioner are not one which are punishable with imprisonment for life or death and on this account, he submits that the petitioner is having apprehension of being arrested and ought to be enlarged on anticipatory bail in the event of his arrest.