VENKAPPA S/O RAMALINGAPPA CHANAGOND Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.

(2.) Petitioners are accused Nos.4 and 5 in Crime No.31/2021 registered by the Kudagi Police Station for the offences punishable under Sections 143, 147, 323, 324, 355, 354, 307, 504, 506 R/w Section 149 of IPC.

(3.) Brief facts of the case as revealed from the records are that, complainant Irawwa W/o Irappa Chanagodn had approached the Kudagi Police Station on 02.04.2021 alleging that there was a property dispute between herself and her brother-in-law and his children. A civil case in this regard was pending consideration before the jurisdictional civil court. It is alleged that on 28.03.2021 and on 29.03.2021 accused No.4 had threatened her with dire consequences for her life. Further, on 30.03.2021 at about 2.00 p.m. when she was in her agricultural land, she found that her brother-in-law and his wife were cutting some tamarind trees and when she went and enquired with them they started abusing her and assaulted her with chappals and broomstick. They also tried to throttle her neck and kill her. As a result of assault, she had suffered injuries and also lost two teeth. With regard to this incident she has lodged a complaint on 02.04.2021 and based on such a complaint Crime No.31/2021 was registered by Kudagi Police against five accused persons. Petitioners have been arraigned as accused Nos.4 and 5 in the said case. Apprehending their arrest in the said case, petitioners had filed bail application under Section 438 of Cr.P.C. before the Court of I Addl. Sessions Judge, Vijayapur, which was dismissed by the said court. Therefore, the petitioners have approached this Court.