GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are accused Nos. 5, 6, 9, 10 and 11 in Crime No.171/2020 of Sira Police Station, Tumkuru District, registered for the offences punishable under Sections 143 , 147 , 148 , 323 , 324 , 332 , 353 , 307 , 504 r/w Section 149 of IPC. The said case was registered against the petitioners and the other accused on the basis of a complaint lodged by one Ganganna, a Police Head Constable of Sira Police Station.

(2.) In the complaint, it is alleged that on 21.04.2020 when the complainant was discharging his duties along with other police constables viz., Manjunatha (P.C.241), Manjunatha K.V. (P.C.722) and Manikanta (P.C.08), they received a credible information at about 5 p.m., that some persons were illegally gambling in a public place at Janakallu village. Pursuant thereto, the complainant along with PC-241 and PC-722 went to the spot at about 6 p.m., and found about 7-8 persons were gambling in the village tank bed area. Upon seeking the complainant and the other constables, the said persons started running away. The complainant and PC-241 followed them to the garden while PC-722, K.V.Manjunatha was standing in the tank bed area. After some time, they heard some noise near the said tank bed area and rushed there only to find about 15-16 persons quarrelling with PC-722. The said persons who have been arrayed as accused also assaulted the aforesaid PC-722 Manjunatha and caused injuries to him by beating and kicking him. Thereafter, the said PC-722 was admitted to the hospital and the aforesaid complaint was lodged against all the accused persons including the petitioners who were arrayed as 5,6 9, 10 and 11 as stated above.

(3.) Learned counsel for the petitioners submit that a perusal of the complaint would indicate that there is nothing to show the involvement of the petitioners herein in the aforesaid incident. It is contended that the complaint does not state that the petitioners herein were gambling and in fact, all the allegations with regard to gambling and the other offences i.e., assault, attempt to murder etc., are made against accused Nos. 1 to 3 who have already been arrested and are in judicial custody. It is therefore contended that in the absence of any material whatsoever to implicate the petitioners herein for the alleged offences, the petitioners are entitled to anticipatory bail particularly when they are ready to abide by the terms and conditions to be imposed by this Court.