ISHWAR SHIVARAM GAONKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.161/2022 of Yellapura Police Station registered for the offence punishable under Ss. 307 , 324 , 504 of Indian Penal Code, 1860, (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, one Girish Narasimha Gaonkar has filed complaint stating that the petitioner-accused is cruel person in the village. In the evening hours on 25/6/2022, the father of complainant by name Narasimha Annayya Gaonkar, who is aged about 70 years had gone to Kanchikumbri village to bring back his grandchildren from the school. It is further stated that after sometime, grandchildren came running to the home and told the complainant that their grandfather has fallen down and has sustained injuries. The complainant and his brother Gurumurthy immediately went to Kanchikumbri village in a motorcycle and they found their father lying on a road near the cross of Kanchikumbri temple. It is further stated that his father had sustained blood injuries on the face, both thighs and left leg joint. On enquiry, the father of complainant told that the petitioner has without any reason assaulted him with a stick and also scolded him in filthy languages. The said complaint came to be registered in Crime No.161/2022 against the petitioner-accused for the offence punishable under Sec. 307 , 324 , 504 of IPC. The petitioner apprehending his arrest has filed Criminal Miscellaneous No.5184/2022 seeking anticipatory bail and the same came to be rejected by learned 1st Additional District and Sessions Judge, U.K.Karwar, sitting at Sirsi vide order dtd. 26/7/2022. Therefore, the petitioner-accused is before this Court seeking anticipatory bail.

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