SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 438 of the Code of Criminal Procedure, 1973, for granting anticipatory bail in Crime No.377 of 2021 registered by Hosadurga Police Station, Chitradurga, for the offences punishable under Ss. 504, 323, 324, 307 and 506 read with Sec. 34 of the Indian Penal Code, 1860.

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that, the Police recorded the statement of the injured-Jayappa in the Hospital on 9-8-2021 and registered the case against the petitioner and others. It is alleged that since long, there is dispute between his family and family of the accused persons regarding landed property. On 8-8-2021, his nephew lodged a complaint to the Police and the matter was settled in the Police Station. However, on 9-8-2021 at 9.30 a.m., when the complainant was in his house, he heard the some galata outside and therefore, went out of the house and noticed that accused persons were abusing his brother-Hanumanthappa and assaulting with hands and club. When he tried to rescue his brother, the accused persons caused head injury to him. After registering the case, the Police are making hectic efforts to arrest the petitioner. Hence, the petitioner approached the Sessions Court for grant of anticipatory bail, which came to be rejected. Hence, this petition.