NAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the accused Nos.1, 2 and 4 under Sec. 439 of Cr.P.C., seeking bail in Crime No.194/2022 of Dharwad Sub-Urban Police Station, registered for the offences punishable under Ss. 323 , 504 , 506 , 341 , 307 , 326 read with Sec. 34 of IPC.

(2.) The case of the prosecution is that, one Prashanth S/o. Prakash Jadhav has filed a complaint stating that on 8/9/2022 he was proceeding in Daliyavar Oni and his leg got touched to the accused No.1 and the complainant sought excuse for the same and despite that, the accused No.1 abused the complainant and his brother by scolding, and in that process the other persons sorted out the same. It is further stated that, the accused No.1 gave threat to the complainant and his elder brother. That on 10/9/2022 there was a procession for immersion of Lord Ganesha idol in Anjaneya Nagar, Kelageri, Dharwad, wherein, the elder brother of the complainant and the complainant were proceeding towards Kelageri bridge at about 8.30 p.m. and that the accused No.1, 2, 3 and 4 together abused the complainant. The elder brother of the complainant was abused with vulgar words and the accused No.2 tried to assault the brother of the complainant with a knife and that it got pricked near the right eyebrow and got stuck there and thereafter the accused Nos.1 to 4 ran away from that place. The said complaint came to be registered in Crime No.194/2022 of Dharwad Sub-urban police station for the offences punishable under Ss. 323 , 504 , 506 , 341 , 307 , 326 read with Sec. 34 of IPC. The petitioners/accused Nos.1, 2 and 4 were arrested on 11/9/2022 and are in judicial custody. The petitioners filed Criminal Misc. No.532/2022 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Dharwad, by order dtd. 10/10/2022. Therefore, the petitioners are before this Court seeking bail.

(3.) Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State.