YUVARAJ. D Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.

(2.) Crl.P.No.3475/2020 is filed under Section 438 Cr.P.C. by accused Nos.1, 2 and 7 seeking anticipatory bail to direct the respondent - Police to release the petitioners on bail in the event of their arrest in Crime No.44/2020 for the offences punishable under Sections 364A and 34 of IPC. Crl.P.No.3707/2020 is filed under Section 439 Cr.P.C. by accused No.4 seeking regular bail Crime No.44/2020 for the offences punishable under Sections 364A and 34 of IPC.

(3.) The case of the prosecution is that the complainant had been to Nanjangud in Ascent car bearing No.KA-05-M-5007 and while he was returning back to Bengaluru on 08.06.2020, at about 3.30 p.m., when he reached R.R. Nagar signal, the petitioner No.1/accused No.1 called him to take prasada and requested to come near Mysore circle. The further case of the prosecution is that when the complainant reached Mysore circle, petitioner Nos.1 and 2 got into the car and started assaulting the complainant. The petitioner Nos.1 and 2 asked the complainant to sit at the back seat of the car and took him to Minerva circle at 4.30 p.m. The further allegations are that the petitioner No.2 drove the car and took him to Nandini Hotel and placed order for 11 biriyani, 5 kebabs and 5 litre water and the complainant was forced to pay the bill of Rs.3,500/-. Thereafter the complainant was taken to a building terrace adjacent to Nandini Hotel and food was provided there. The further case of the prosecution is that he was stripped from his clothes and was assaulted with water pipe, geyser pipe, cable wire, shoe, slipper and dagger.