NARAYANASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed by the petitioners / accused Nos.1 and 2 respectively under Section 438 Cr.P.C. seeking anticipatory bail in Crime No.86/2020 of Mulbagal Rural Police Station, Kolar for alleged offences punishable under Section 307 read with Section 34 IPC. Srinivasappa @ Srinivasa is arraigned as Accused No.2 in the Remand Report whereas his rank is shown as Accused No.3 in the FIR in Cr.No.86/2020. The counsel for the accused submits that the police are making hectic efforts to arrest both the accused, without there being any reason to believe that they have committed the alleged offences of causing injuries on one Shivakumar with means of a knife. Therefore, the counsel is praying to enlarge them on anticipatory bail in the event of their arrest, for the grounds urged therein.

(2.) Heard the learned counsel for the petitioners and the learned HCGP for the State appearing through video conferencing.

(3.) It is stated in the complaint made by the complainant against the accused alleging that there is a dispute relating to certain portion of land in respect of a Manure pit between the complainant group and Venkateshappa, in respect of which a Civil Suit is also pending adjudication between the parties before the Mulbagal Court. That on 5.7.2020, the said Venkateshappa and his son Shivaraju were cleaning the disputed property. The informant had questioned them and to that effect, there was a quarrel between them and thereafter they went away from the place of the incident. But at around 2.40 p.m. when the informant was present near the house of one Hosappa in his village, the petitioners said to be arraigned as Accused No.1 and Accused No.3 in the FIR (but Accused No.2 in the Remand Report) had come and questioned the complainant as to why he had quarreled with their father Venkateshappa. Petitioners have told that they would not leave that informant, and so saying, Accused No.1 / Narayanaswamy is alleged to have assaulted the complainant Shivakumar with means of a knife on his stomach and made attempt to take away his life. In the meanwhile, Accused No.2 / Srinivasa and other persons are said to have held the injured firmly. The informant had sustained injuries and was taken to R.L. Jalappa Hospital in order to provide treatment to him. Accordingly, the injured was admitted in the aforesaid hospital as an in-patient and took treatment and was then discharged on 13.07.2020. The investigation material reveals that the Doctor had sutured the injury and discharged the informant. But there were no grievous injuries sustained and there was no danger to his life. The remand application reveals that in all seven (7) accused persons were alleged to have committed the offences. But Accused Nos.4 to 7 have already been enlarged on regular bail by the Court of the I Additional District & Sessions Judge, Kolar in Crl.Misc.No.272/2020. Further, the petition under Section 438 of the Cr.P.C. in respect of Accused No.3 / Gangadharappa also came to be allowed and he has been granted anticipatory bail in Crl.Misc.No.271/2020.