NARASIMHAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 Cr.P.C. seeking bail in Crime No.188/2020 of Manchenahalli Police Station, Chickaballapura District, for offences punishable under Sections 323 , 324 , 504 , 307 read with Section 34 of IPC. The police are making hectic efforts to apprehend these accused without there being any reason. Therefore, the petitioners' counsel prays that they may be enlarged on anticipatory bail in the event of their arrest by the police, for the grounds urged in the petition.

(2.) Heard the arguments advanced by the learned counsel for the petitioners and learned HCGP for respondent - State through video conferencing.

(3.) It is stated in the complaint that on 16.08.2020 at around 9.30 p.m. when Accused No.1 along with one person namely Gangadhar were talking with each other at the Cross Road leading to Yeragunte, at that time, one Ashok S/o. Munishyamappa who had come there, even without any provocation had started assaulting Accused No.1 with a club carried by him in his hand. At the relevant point of time, Mahadeva, Jagannath, Theju also had come there and questioned the aforesaid incident and assaulted petitioner no.1 / accused no.1 by means of hands and had kicked him with their legs. Again, the said Ashoka is said to have assaulted Accused No.1 on his head by means of a club and further caused injuries on his right hand fingers. In the meanwhile, one Ganghadhar had come forward to rescue Accused No.1 from the clutches of the culprits and took the Accused No.1 being the injured to Gowribidanur Government Hospital and provided treatment to him. Further, the said Ashoka, Mahadeva, Jagannath and Theju are also said to have assaulted petitioner no.2 herein / Nagaraja @ Nagaraja Gowda who had tried to save his brother namely petitioner no.1. The injured was admitted to hospital and provided treatment. In pursuance of the act of the accused, on the filing of a complaint by the complainant, the case in Cr.No.188/2020 came to be registered and so also the counter case in Cr.No.189/2020 vice versa between the parties came to be registered. But Cr.No.189/2020 was registered for offences punishable under Sections 323 , 324 read with Section 34 IPC. But strangely, Cr.No.188/2020 was registered by complainant Ashoka invoking offences against the present petitioners under Section 307 of the IPC inclusive of other offences. The same is reflected in the FIR said to have been registered by the police and proceeded with the case for investigation in both the crimes.