DODDAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition filed under Section 438 of the Criminal Procedure Code, 1973 seeking grant of anticipatory bail in Crime No.116/2020 for the offences punishable under Sections 143, 323, 324, 504, 306 r/w 149 of Indian Penal Code, 1860.

(2.) The case as made out in the statement of the complainant before the police was that there was a proceeding between the parents of the complainant and the petitioner No.1 pending before the Court of the Assistant Commissioner regarding a site measuring 16 feet x 24 feet. On 14.05.2020, at about 7.30 a.m., one Mr.Nagesh who was the cousin of the complainant was digging a pit in the site to drain sewage into it. At that time, the father of the complainant and his mother demanded him not to excavate in the site and in that regard, the said Nagesh and Hemalata abused them. The parents of the complainant returned back to avoid any quarrel. The father of the complainant left his house to inform the incident to the PDO of the Panchayath. Then the complainant, his mother, his sister went to the spot. It is stated that then the petitioner No.1 abused the mother of the complainant and also attempted to assault the complainant when the complainant questioned the petitioner No.1. Following thereafter, the children of the petitioner No.1, petitioner No.1 and his wife assaulted the complainant and his mother. It is stated that the petitioner and his mother escaped from the spot and reached the main road at which point, father of the complainant was coming from Kaggalipura on a scooter. The father of the complainant was grieved by the act of the accused persons in harming the complainant, his family members in the presence of the general public. Thereafter, the father of the complainant is stated to have consumed poison and fell on the ground struggling. The deceased was thereafter taken in a rickshaw to the Primary Health Centre, where the doctors declared him brought dead. Based on the complaint, the police registered Crime No.116/2020 for the offences punishable under Sections 143, 323, 324, 504, 306 r/w Section 149 of Indian Pena Code, 1860.

(3.) It is seen from the complaint that the accused and the petitioners were all closely related to each other and the dispute was relating to a property. There is no material on record to indicate that the petitioners had abetted the suicide committed by the deceased. In that view of the matter and also in view of the fact that the offences are neither punishable with death or life imprisonment, the petitioners are entitled to anticipatory bail. Hence, the following: