PARAMESHWAR NAIK P.T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioners- accused Nos.1 and 2 under Section 438 Cr.P.C. praying to release them on anticipatory bail in Crime No.128/2020 of Harapanahalli Police Station for the offences punishable under Sections 420 , 465 , 466 , 468 , 471 r/w Section 34 of IPC and Section 125(A) of the Representation of Peoples Act, 1951 and 1988.

(2.) The case of the prosecution is that one D.Linganaik, advocate of Davanagere filed a petition through his advocate B.Revanagouda to various authorities from Prime Minister of India to Deputy Superintendent of Police Harapanahalli on 02.02.2016 alleging that there is a threat to his life and requested to take action against the concerned persons and head master. It is further alleged that in the said petition the petitioner No.2 P.Bharath was born on 07.11.1994 in Chigateri Hospital, Davanagere and his birth is registered in Birth Registrar office and he has studied his primary in English medium school and thereafter in Shivaganga Education Institution, Tolahunishihalli near Davanagere from 8th to 10th standard and his date of birth is registered in the school register. It is his further submission that P. Bharath has contested the Laxmipur Gram Panchayat elections held in the month of May/June of 2015 though he was less than 21 years by taking influence and life threat to the Head Master, he got altered month in his date of birth from '11' to '01' and showing that he was aged above 21 years and he was made President of Gram Panchayat by petitioner No.1 by misusing his power when he was minister. On coming to know about this fact they enquired with concerned persons and they behave rudely and gave threat to him. Hence, he apprehend of life threat. Based on the complaint, a case came to be registered in Harapanahalli Police Station in Crime No.128/2020 for the offence punishable under Sections 420 , 465 , 466 , 468 , 471 r/w Section 34 of IPC r/w Section 125(A) of Representation of Peoples Act 1951 and 1988 on 06.08.2020. In the said case, these petitioners are arrayed as accused Nos.1 and 2 and unknown Head Master as accused No.3. Petitioners approached 3rd Addl. District and Sessions Court, Ballari sitting at Hospete in Crl.Misc.No.5237/2020 for grant of anticipatory bail and the same came to be rejected by order dated 04.09.2020. Hence, petitioners-accused Nos.1 and 2 are before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioners-accused Nos.1 and 2 and also the learned HCGP for the respondent-State.