G. SRINIVAS MURTHY G. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl. P. 2173/2021 is filed by accused No. 2 and Crl. P. 2197/2021 is filed by accused No. 3; both these petitions are filed under Section 438 Cr.P.C. for seeking anticipatory bail in the event of their arrest in connection with Crime No. 227/2020 of Yeshwanthapura Police Station, Bengaluru City, registered for the offence punishable under Section 324, 307, 506, 201 read with 34 of IPC (C.C. No. 2517/2021 pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru).

(2.) The facts leading to this petition are that on the complaint filed by the injured-victim, the police have registered the case. The allegations are that the complainant, who was working in a dance bar, had acquaintance with accused No. 1 by name Biju. On 23.10.2020 evening at about 5.00 p.m. the complainant had gone to the house of accused No. 1-Biju, and his friends by name Seena and Vishwanath Reddy were there. After having food, the said Seena and Vishwanath Reddy left the house and then the complainant and accused No. 1-Biju were talking to each other. At about 06:45 p.m. accused No. 1-Biju proposed to marry the complainant, when she refused on the reason that she is already married, accused No. 1 assaulted her with knife, as a result of which she became unconscious. Thereafter, accused No. 1 and another person carried her to hospital. On the basis of the said complaint, the police have registered the case against accused No. 1 for the offence punishable under Section 324 of IPC. Subsequently, offence punishable under Sections 307, 506 of IPC have been inserted. After completion of investigation, the police have submitted the charge sheet, wherein the petitioners have been arrayed as accused Nos. 2 and 3.

(3.) On filing the charge sheet, the police officials started making attempts to arrest these petitioners, apprehending their arrest, they had approached the sessions Court seeking anticipatory bail, but the sessions Court rejected their bail application on the reason that investigation of the case is in progress and the petitioners have failed to make out any grounds for granting anticipatory bail.