SHAMAPRASAD KUTTAPPAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Mundagod Police Station Crime No.155/2022 registered for the offences punishable under Ss. 341, 307, 326, 504 and 506 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).

(2.) The case of the prosecution is that, Smt.Radhamani has filed complaint stating that one Smt.Indira, wife of this petitioner/accused, is her sister. The injured and the accused are co-brothers. Their houses are situated abutting to each other. In between their houses, about 14 feet open space is present. The said open space is the disputed property between this petitioner and the complainant and there are civil litigations pending before the Mundagod Civil Court since the year 2020 and the Court has granted injunction in favour of the complainant in respect of the said property. It is further stated that, on 19/8/2022 at about 10:00 am, the injured-Diwakaran was making preparation to construct a compound wall and engaged labours and the complainant was performing pooja inside and on hearing the loud noise and galata, the complainant came out and saw the accused holding a steel bar used for construction uprooting the same from the ground and the accused scolded the injured in filthy language. Upon questioning by the injured, the petitioner/accused assaulted the injured with the steel bar on his head. On seeing the same, the complainant intervened and on such intervention, the accused threatened her to take her life and scolded in filthy language. The labours, who were present on the spot, pacified the quarrel. Thereafterwards, the injured was taken to the Civil Hospital, Mundagod, and thereafter, the complainant filed the complaint which came to be registered in Mundagod Police Station Crime No.155/2022 for the aforesaid offences. The petitioner apprehending his arrest, filed Crl.Misc.No.5214/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, U.K., Karwar sitting at Sirsi by order dtd. 6/9/2022. Therefore, the petitioner is before this Court seeking anticipatory bail.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.