JAYAMMA Vs. STATE

JUDGEMENT

(1.) This petition is filed by petitioners/accused Nos.5 and 6 under Sec. 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.93/2022 of Lakkavalli Police Station, registered for the offences punishable under Ss. 504, 114, 323, 341 and 307 read with Sec. 149 of IPC, pending on the file of I Addl. Civil Judge (Jr.Dn) and JMFC Court, Tarikere, Chikkamagaluru District.

(2.) The brief factual matrix leading to the case are that the complainant is the member of the grama panchayat and accused No.1 is also a member of the grama panchayat. He along with other accused have given permission to the present petitioner No.1/accused No.5-Jayamma to sell the liquor in Chowda Bhovi Camp auction for a sum of Rs.1,50,000.00 through village panchayat members. It is also alleged that on 5/10/2022 when complainant got information about this aspect he approached the present petitioner No.1/accused No.5 and objected this aspect. However, he learnt that petitioner No.1/accused No.5 was selling the liquor in the village illegally and on 6/10/2022 at about 11.00 p.m. the complainant along with his friend Charan approached the shop of petitioner/accused No.5-Jayamma and questioned her regarding sale of liquor illegally. Then it is alleged that she called other accused persons and they all assaulted the complainant by rod and club on his head and when he cried for help, the accused persons went away. In this regard the complaint came to be lodged. It is further alleged that later on the complainant was shifted to Mc Gann hospital, Shivamogga, wherein he has obtained treatment and lodged a complaint in the hospital. The allegations regarding petitioner No.2/accused No.6-Manjula is that she has obstructed him while going to the hospital. On the basis of the complaint, crime came to be registered by issuing FIR and petitioners apprehending their arrest, have approached the learned Sessions Judge and their bail petition came to be rejected. Hence, the petitioners are before this Court.

(3.) Heard the arguments advanced by the learned counsel for the petitioners and learned High Court Government Pleader for respondent-State. Perused the records.