AMBANNA Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioners / accused Nos.5 to 10 under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.25/2020 of Sirwar Police Station for the offences punishable under Sections 143 , 147 , 323 , 306 , 341 , 504 , 506 read with Section 149 of IPC.

(2.) Brief facts of the case are that, one Sri Shivaraj has set a law in motion by lodging compliant before respondent - police alleging that he has got three brothers and a sister and the deceased Rangappa is younger brother. It is alleged that during 2018, deceased Rangappa fled away with a girl from the village and a case was registered against him at Sirwar Police Station. He further complained that the deceased Rangappa returned back to the village and the family members of the victim girl were always stearing at him out of anger. It is further alleged that on 26.02.2020 at 9.00 p.m., his father advised him not to move frequently in the village and to be cautious. He further alleged that on 27.02.2020 at 9.30 a.m., accused picked up quarrel with the deceased Rangappa by abusing him in filthy language, assaulted him and removed his clothes and thereafter, dragged him and tied him with a pole near Anjaneya temple and thereby humiliated and insulted the deceased. Due to that humiliation, his brother has committed suicide. The accused are instigated the deceased to commit suicide. On the basis of his complaint, the police have registered the FIR in Crime No.25/2020 for the offences punishable under Sections 143, 147, 323, 306, 341, 504, 506 R/w 149 of IPC . The investigation is under progress. Accused Nos.1 to 10 have filed bail petition before Sessions Court under Section 438 of Cr.P.C. for anticipatory bail. Sessions Court has granted bail to accused Nos.1 to 4 and rejected bail of accused Nos.5 to 10. Hence, accused No.5 to 10 are before this Court.

(3.) Sri Nandkishore Boob, learned counsel appearing for the petitioners has contended that there is 15 hours delay in sending FIR to the Court. Secondly, he has contended that there is no specific allegation against the particular person for the alleged harassment. He further contended that since accused have given complaint against the deceased and case has registered under POSCO Act, hence, taking that as a revenge, false complaint has been registered against the accused. There is no material to prove that the accused have involved in this crime. Hence, he sought for allowing the bail petition.