MAHADEVA N.R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to proceedings in Crime No.5/2020 for the offences punishable under Sections 504 , 341 , 352 , 307 of IPC.

(2.) It is the case of the prosecution that a written complaint was filed by one Mahadeva S/o. Nanjegowda stating that the complainant and the petitioner are friends and that the complainant had borrowed a sum of Rs.5,000/- from the petitioner and was delaying repayment of the said loan. It is further submitted that the petitioner was abusing the complainant in filthy language whenever they met each other. It is submitted that on 06.01.2020 at about 7.00 PM when the complainant was engaged in coolie work, petitioner picked up a quarrel with the complainant and pushed him on the ground and assaulted him with a wheel spanner causing bleeding injuries. It is submitted that the complaint itself would reveal that the complainant has taken treatment and lodged a complaint on the next date, after coming to the police station.

(3.) Learned counsel for the petitioner submits that the nature of injuries itself appear to be simple in light of the averments in the complaint that he had taken treatment and gone to the police station which could not have been possible if the injuries were grievous. It is further submitted that the financial transaction between the complainant and the accused has come out in the complaint and it is only when the accused demanded repayment of a sum of Rs.5000/- that a false complaint has been lodged. It is further submitted that the petitioner would co-operate with the investigation.