MAHADEVA SWAMY S/O. REMPASIDDAIAH AND OTHERS Vs. STATE BY SARAGURU POLICE REPRESENTED BY THE STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) IT is on 04.09.2010 in the night at about 7.30 p.m. there was a quarrel near tree at Saraguru Hobli Hadanuru village and same was noticed by the complainant and he found that the accused Shivaranju and others were quarreling. The accused with an object of causing the death Shivaranju sail to have caused the assault on the neck with the chopper and he was shifted to hospital for the purpose of the treatment. It is in these circumstances the complaint came to be registered for the offence punishable under Sections 143, 144, 147, 148, 307 read with 149 of IPC.

(2.) THE Petitioners submit that they are innocent and have not committed any offence. Further it is revealed from the case of the prosecution that Shivaranju had teased the wife of the first Petitioner and because of which incident said to have occurred and for this reason there was an assault with the choppers. It is submitted before the court that the investigation is over and charge sheet has been filed against the accused. They have sought for anticipatory bail apprehending arrest in respect of non -boilable offence, Taking into consideration the motive that has been put forth the nature of assault, the fact that the incident is said to have occurred in the night, I am of the opinion that the Petitioner No. 1, 2, 4 and 6 are entitled to anticipatory bail sought for. So far as the Petitioners 3 and 5 are concerned it is stated that they have already surrendered before the police and does not press the petition so far as the Petitioners 3 and 5 are concerned.