SANDEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.103098/2022 is filed by accused No.1, Criminal Petition No.103159/2022 is filed by accused No.6 and Criminal Petition No.103164/2022 is filed by accused Nos.2 and 5. These three petitions are filed under CRL.P No. 103098/2022 C/w. CRL.P No.103159/2022, CRL.P No.103160/2022 and CRL.P No.103164/2022 Sec. 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail. Criminal Petition No.103160/2022 is filed by accused Nos.3 and 4 under Sec. 438 of Cr.P.C. seeking anticipatory bail.

(2.) The case of the prosecution is that one Shri. Santosh S/o. Krishna Shetty has lodged the complaint stating that he, his friends and relative are running 'Shri International' hotel in Gangavathi since three years and one Prashanth Shetty is the manager of said hotel and he is looking after day to day affairs and he is visiting the hotel once in a month. It is further stated that he came to the hotel to look after the business on 15/9/2022. It is further stated that on 16/9/2022 at about 11.30 p.m., a customer who came to their hotel was quarrelling with the hotel staff, he went and enquired and the staff namely Prashanth Shetty told him that he told the said customer that it is 11.30 p.m., and its a closing time and all the customer have gone, at that time the said customer abused him in filthy language and assaulted him with hands and on enquiry the said customer told his name is Sandeep resident of Gangavathi. At that time, the complainant told the said customer that it is closing time and he has to go out so as to enable them to close the hotel. At that time, the said customer-Sandeep abused the complainant in filthy language and told that how can he ask him to go out and told that he will sit there and whatever they want to do they can do and started quarrelling with the staff and by making a phone call he secured 7-8 boys and the said Sandeep told the said boys showing the complainant that he is asking him to go out and the said boys started quarrelling with the complainant and hotel staff. At that time, accused No.1-Sandeep assaulted with his head on the right eyebrow of the complainant and caused injuries and took water glass and assaulted with it on his head and caused bleeding injury. At that time, the hotel staff namely Dinesh, Pradeep, Nagraj, Security Guard and others came to pacify the quarrel. At that time, accused No.1-Sandeep and other accused assaulted Dinesh on his head and caused bleeding injury and went away abusing them in filthy language. The complainant came to know the names of two persons who came there as Vamshi and Guru and 3-4 others and he can identify them if they are shown to him and thereafter he was taken to private hospital for treatment. The said complaint came to be registered in Gangavathi Town Police Station Crime No.188/2022 for the offences punishable under Ss. 143, 147, 148, 323, 324, 504 and 506 read with Sec. 149 of IPC. Accused Nos.1 and 2 came to be arrested on 17/9/2022, accused No.6 came to be arrested on 20/9/2022. Accused Nos.2 and 5 have filed Criminal Miscellaneous No.942/2022 under Sec. 439 of C.P.C., accused No.1 has filed Criminal Miscellaneous No.943/2022 under Sec. 439 of Cr.P.C., accused No.6 has filed Criminal Miscellaneous No.948/2022 under Sec. 439 of Cr.P.C., accused Nos.3 and 4 have filed Criminal Miscellaneous No.997/2022 under Sec. 438 of Cr.P.C. All these petitions came to be rejected by common order dtd. 13/10/2022 by learned I Additional District and Sessions Judge, Koppal sitting at Gangavathi. Therefore, accused Nos.1, 2 and 6 are before this Court seeking bail and accused Nos.3 and 4 are before this Court seeking anticipatory bail.

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