MANJUNATH Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 and 2 for granting anticipatory bail in Crime No.151/2020 registered by Ankola Police, Karwar Sub-division, for the offence punishable under Ss. 506, 341, 354, 323, 504 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for brevity).

(2.) It is alleged by the complainant-Manjamma in her complaint that on 26/10/2020 when herself and her husband were proceeding on the scooty to market and while coming back, near Manakkana shop near Balale village, accused No.2-Nagaraj, who is the brother-in-law of the complainant, stopped the scooty and picked up quarrel and accused No.1, dragged her by holding her hair and made her fell down and kept his leg on the chest and also assaulted her with hands. Accused No.2 also assaulted her husband. After registering the case, the police tried to arrest the petitioners for the commission of non-bailable offence. Hence, they approached Sessions Judge for grant of anticipatory bail under Sec. 438 of the Cr.P.C. which came to be rejected. Hence, the petitioners are before this Court.

(3.) Learned counsel for the petitioner contended that the petitioners are innocent of the offence alleged. The petitioners have been falsely implicated in the case. The complainant filed this complaint against the petitioners as a counter blast to the complaint filed by the wife of accused No.2 against her husband in Crime No.150/2020 which is registered for the offence punishable under Ss. 506, 341, 323, 355, 504 and 354 read with Sec. 34 of IPC. Petitioner No.1 is handicap having locomotor disability to an extent of 58% and also partial blindness. A certificate is also produced in this regard. He is ready to abide by any conditions. In a similar case, this Court has granted bail to petitioner No.1 in Criminal Petition No.10076/2020. Hence, prayed for granting bail.