SHRIKANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.2 and 3 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.76/2022 of Byadagi Police Station registered for the offences punishable under Ss. 143, 147, 148, 307, 323, 324, 354, 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, on 29/4/2022 at about 11:00 pm, the accused persons formed an unlawful assembly and armed with dangerous weapons, came near the cow shed of the first informant and made an attempt to pull down the cow shed, the first informant, who was sleeping there, went to his residential house and informed his father about the same. When the first informant, his father and cousins went near the cow shed, by then, the accused persons were destroying the cow shed to which, the complainant and others protested. At that time, the accused persons abused them in filthy language. Accused No.1-Nagaraj took one stone and assaulted on the head of Lohit and he fell down, accused No.5-Biddadappa assaulted the first informant with his hands and legs and abused the first informant in filthy language. When sister and aunt of first informant namely Vidya and Manjavva made an attempt to rescue the first informant, the accused persons namely Rajappa Shivappa (accused No.6), Sanjeeva(accused No.3) and Srikanth(accused No.2) abused the said Vidya and Manjavva and assaulted them and pulled the dress worn by them and made an attempt to disrobe them. At that time, the villagers came there and pacified the quarrel. The said complaint came to be registered in Crime No.76/2022 of Byadagi Police Station for the aforesaid offences. The Police, after investigation, has filed charge- sheet against accused Nos.1 to 5 for the offences under Ss. 143, 147, 148, 307, 323, 324, 354, 504 and 506 read with Sec. 149 of IPC. Accused Nos.2 and 3, apprehending their arrest, have filed Crl.Misc.No.311/2022 along with accused Nos.4 and 6 seeking anticipatory bail and the same came to be rejected so far as the petitioners/accused Nos.2 and 3 are concerned by the learned II Additional District and Sessions Judge, Haveri, sitting at Ranebennur, by order dtd. 21/6/2022. 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.