MARUTI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 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.138/2022 of Balari Rural Police Station registered for the offences punishable under Ss. 143, 147, 148, 449, 307, 323, 324, 384 and 449 read with Sec. 149 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, the complainant and the petitioners are brothers and there was a dispute between them for allotment of share in the family property. That on 4/12/2021 at about 1:30 pm when the complainant was in the Maruthi Vidya Samsthe, at that time, the petitioners came to the College, abused and assaulted him, took documents with cash of Rs.2,30,000.00 and room key. On 6/12/2021, the complainant went to the house of the petitioners for asking to return the cash and also the documents, but they again assaulted and threatened him with dire consequences. On 20/12/2021, when the complainant was in the College, in order to takeaway his life, the petitioners came there and petitioner No.1 assaulted on his stomach, caught hold him, at that time, petitioner No.2 pressed the neck of the complainant and also threatened him with dire consequences. The complainant took treatment at VIMS Hospital, Ballari, and thereafter he filed complaint before the Ballari Rural Police Station. The Police gave endorsement that, it is a dispute of civil nature and directed the complainant to seek remedy before the civil Court. Thereafter, the complainant has filed a private complaint in PCR No.7/2022 before the learned III Additional Civil Judge and JMFC, Ballari. The learned Magistrate has referred the said complaint to Ballari Rural Police Station for investigation. The Balari Rural Police registered the said complaint in Crime No.138/2022. The petitioners, who were arrayed as accused Nos.1 and 2 in the FIR, apprehending their arrest have filed Crl.Misc.No.598/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge, Ballari, by order dtd. 21/7/2022. Therefore, the petitioners are before this Court seeking anticipatory bail.

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