T. TALAWAR RAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos. 1 to 4 under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.113/2022 of Moka Police Station registered for the offences punishable under Ss. 323 , 324 , 307 , 504 and 506 read with Sec. 34 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that, one G. Duruganna has filed the complaint stating that on 1/9/2022 at about 5.30 p.m., he came to know about the quarrel between his 4 t h brother- Hanumanth and petitioners near Durgamma Temple situated at Benakal Village and his brother sustained injuries and he went to Moka Hospital and saw his brother was sustained two injuries on his head and right shoulder. Later, on advise of the doctor he was shifted to VIMS Hospital, Ballari. On enquiry with one Raju and Pompapathi, he came to know that on 1/9/2022 at about 5.30 p.m., the petitioner No.1/accused No.1 with an intention to kill his brother assaulted with chopper on his head, right shoulder and caused bleeding injuries. Petitioner Nos.2 to 4/accused Nos.2 to 4 were also assaulted the injured with hands and threatened him with dire consequences. The said complaint came to be registered in Crime No.113/2022 of Moka Police Station for the offences punishable under Ss. 323 , 324 , 307 , 504 and 506 read with Sec. 34 of IPC. The petitioners apprehending their arrest have filed Criminal Miscellaneous No.768/2022 seeking anticipatory bail and the same came to be rejected by the Principal District and Sessions Judge, Ballari by order dtd. 6/10/2022. Therefore, petitioners are before this Court seeking anticipatory bail.

(3.) Heard the arguments of learned counsel appearing for the petitioners/accused Nos.1 to 4 and learned High Court Government Pleader for the respondent-State.