Y. KAPRILESHWAR REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102112/2022 is filed by accused Nos.1 and 2 and Criminal Petition No.102118/2022 is filed by accused No.3. Both the petitions are filed under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Cowl Bazar Police Station, Ballari, Crime No.139/2022 registered for the offences punishable under Ss. 109, 326, 323, 504 and 506 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Sri. G.V.Karthik Reddy lodged a complaint stating that on 16/6/2022 at about 8:45 pm he went to non-veg sec. of Pola Paradise Hotel and sat on a table and one Pavan had also sat on the table. Thereafter, by the side of their second table, accused No.3 called him and introduced to accused Nos.1 and 2 and told that they are relatives of Andhra MLA. Subsequently, when he was taking meals along with Pavan, after 45 minutes, accused Nos.1 and 2 came near him and accused No.2 abused him in filthy language and when the complainant questioned, accused No.1 abused him in filthy language, pushed him and made to fall and assaulted him. Accused No.2 assaulted him with beer bottle on his face, nose and left eye and caused grievous injuries. Thereafter, the complainant took treatment in VIMS Hospital and thereafter, he was referred to Bengaluru for further treatment. He has undergone eye operation on 17/6/2022. The said complaint came to be registered in Cowl Bazar Police Station Crime No.139/2022 for the offences punishable under Ss. 109, 326, 323, 504 and 506 read with Sec. 149 of IPC. Accused Nos.1 and 2 apprehending their arrest, filed Criminal Miscellaneous No.594/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge, Ballari by order dtd. 19/7/2022.

(3.) Heard the arguments of the learned counsel appearing for accused Nos.1 and 2, learned senior counsel for accused No.3 and the learned High Court Government Pleader for the respondent-State.