NADIKERI SRINIVAS AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are accused No. 17 to 19 and 21 to 24 have filed Criminal Petition No.101512/2021 and petitioner/accused No.27 has filed Criminal Petition No.101513/2021, respectively, under Section 438 of Cr.P.C., seeking anticipatory bail in the event of their arrest in Crime No.43/2021 of Tekkalakote Police Station registered for the offences punishable under sections 143, 147, 323, 332, 353, 307, 308, 186 read with Section 149 OF IPC.

(2.) The brief facts leading to the case are that the PSI Tekkalakote Police Station has lodged a complaint against the petitioners herein and other accused stating that the Deputy Commissioner Ballari in order to prevent spread of COVID-19 pandemic has issued prohibitory order for conducting any fare in Ballari district till 30.04.2021. It is further alleged that as per the said order, the police officials have advised Tekkalakote Town people not to conduct any fare, but on 13.04.2021, the PSI received a credible information that the people of Tekkalakote town are preparing for performing Jatra and they are indulged in pulling chariot of Kadasiddeshwaraswami deity by violating the order passed by the Deputy Commissioner. Immediately, after receiving the information, he along with his staff, went to the spot and put barricades for preventing the conduct of fare. But while the police officials were on duty, the accused No.1 along with other accused pulled the chariot of deity towards road and they have obstructed the police officials in performing their duty and in the said tussle, some of the persons have also assaulted the police officials by hands. They also pulled the chariot on police officials and there was an attempt on the life of the police officials and hence, complaint came to be lodged. Thereafter, on the basis of the complaint, the investigating officer has investigated the crime and it has culminated in submission of charge sheet. The present petitioners are arrayed as accused Nos.17 to 19, 21 to 24 and 27. Apprehending their arrest, the petitioners approached the Sessions Court seeking anticipatory bail, but the learned Sessions Judge by order dated 30.07.2021 has rejected their bail petition. Hence, the petitioners have approached this Court, without any other alternative.

(3.) Heard the arguments advanced by the learned counsel for petitioners and the learned HCGP. Perused the records.