OM PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by Accused Nos.1 to 7 under Sec. 439 of Cr.P.C. for enlarging them on bail in Crime No.180/2022 of Kadur Police Station, Chikkamagaluru District, registered for the offences punishable under Ss. 143 , 147 , 120(B) , 307 , 364 , 504 , 323 , 324 , 506 read with 149 of IPC , now pending before the Court of Principal Civil Judge and JMFC, Kadur.

(2.) The brief factual matrix of the prosecution case are that, the complainant was married to one Manjula and it was a love marriage. There was stiff opposition from both families for their marriage and as such both of them have obtained protection from the High Court of Rajasthan in Criminal Misc. No.2659/2021. Subsequently, the said Manjula left the company of the complainant and later, it is alleged that, she married with Accused No.1-Omprakash, who is petitioner No.1 in this petition. Habeas Corpus petition was also filed by complainant wherein the said Manjula though refused to go with the complainant, but she has admitted her marriage with the complainant. Subsequently, it is alleged that the complainant attempted to contact his wife Manjula, but she was not responding to his calls. Hence, he used to send messages. Being enraged by this act of complainant, the petitioners, in furtherance of their common intention, have kidnapped the complainant in a Car bearing No.KL.19.F.1878, and assaulted him asserting that, he is sending messages to the wife of Accused No.1 i.e., said Manjula, who is also the wife of complainant. It is also asserted that the petitioners have also attempted to throttle the neck of the complainant and assaulted him by a wicket in the car. The police came and apprehended them. In this regard, a complaint came to be lodged and on the basis of the complaint, the said crime came to be registered for the offence punishable under Sec. 307 of IPC along with other offences.

(3.) Heard the arguments advanced by the learned counsel for the petitioners/accused and the learned HCGP for the Respondent-State. Perused the records.