DONDU BABU PAT AKARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.57/2020 of Yellapur Police Station, registered for the offences punishable under Sections 323 , 324 , 504 , 506 and 306 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) It is the case of the prosecution that the complainant is residing along with his family members at Chimanimal of Kanchinalli village of Yellapur taluk and his brother by name Dondu, earlier, went to coolie work along with the petitioner to Mumbai and he returned six months ago to his native place and doing work in Hango Ice Factory. The complainant when enquired with his brother about leaving Mumbai, he told that the petitioner/accused used to scold and abuse that he is not suitable to work in Mumbai and asked him to die. On 10.03.2020, when the complainant and his another brother were in home, his younger brother Babu went to their land on the motorbike and when he was coming back alone, his motorbike got struck down and when the complainant was examining, one white colour car, coming from Bombadikoppa, stopped by his side and the petitioner/accused was inside the car and he abused the complainant in filthy language and assaulted him with hands and belt and when the deceased and informant went to his rescue, they were also abused and assaulted. It is further alleged that the petitioner/accused was standing in front of the house of one Ajay and the informant and his brother went and questioned about the said incident. The petitioner, once again, assaulted the informant and abused him in filthy language stating that the deceased is not a fit person to work in Mumbai and instigated him to commit suicide and thereby the deceased felt bad and committed suicide between 8.00 pm and 9.30 pm by hanging himself in the forest. The said complaint came to be registered in Crime No.57/2020 of Yellapur Police Station against the petitioner for the offences punishable under Sections 323 , 324 , 504 , 506 and 306 of IPC. The petitioner apprehending his arrest, as his name was cited as an accused in the complaint and the FIR, approached the learned Additional District and Sessions Judge, U.K. Karwar, sitting at Sirsi in Crl. Misc. No.5079/2020 seeking bail and the same came to be rejected by order dated 03.06.2020. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.