MOHAMMED SWALIH Vs. STATE

JUDGEMENT

(1.) This petition has been filed by petitioners - accused Nos.2 to 5 under Section 438 of Cr.P.C to release them on anticipatory bail in the event of their arrest in Crime No.139/2020 of Halebeedu Police Station (pending on the file of Principal District and Sessions Judge, Hassan) for the offences punishable under Sections 506 , 504 , 148 , 147 , 149 , 143 , 387 , 379 and 324 read with 149 of IPC .

(2.) I have heard the learned counsel Sri. K.R. Lingaraju for the petitioners - accused Nos.2 to 5 virtually and learned High Court Government Pleader Sri. R.D. Renukaradhya for respondent No.1- State.

(3.) The gist of the complaint is that since three months the complainant and other 30 persons have been working the Tender work. About one month back the mobile of Salim, who is the uncle of complainant, was lost. At that time Basheer was accompanied with Saleem. On 06.08.2020 at about 2.00 pm, the accused No.1 Saleem went to the house of Basheer for enquiry of the said mobile, but at that time, Basheer was not in the house. His wife Thahira was in the house. The accused No.1 - Saleem informed the said fact of loosing his mobile to Thahira. Then Thahira asked the Saleem- accused No.1, who sent him to her house, replying to the same, the accused No.1 - Saleem stated that the Ibrahim-complainant sent him to her house. Thahira made a call to the said Ibrahim-complainant over mobile and asked him as why did you send the said Saleem- accused No.1 to her house. The Ibrahim-complainant stated that he does not know anything and not sent anybody to her house and also not made a phone call to anybody. On such reply the Ibrahim-complainant called to accused No.1 and questioned him the purpose of visit to the house of Basheer by using his name, for which the accused No.1 abused the complainant in filthy language over the phone. To take revenge, on the same day the accused No.1 and others came in two cars on 07.08.2020 at about 3.15 am, to the forest tent at Hagare, where the complainant stays and the accused No.1 and others have assaulted the complainant, Naseer and Ameeruddin with Sickle, Stone and clubs and caused injuries to them. They have also threatened to take away their life and took away the amount of Rs.2,00,000/- from the complainant, which was given by Devendragowda to pay to the labours. On the basis of the complaint, a case has been registered.