BASAVARAJ KUKANUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereina fter referred to as the 'Cr.P.C.', for brevity) seeking bail in Gadag Rural Police Station Crime No.123/2022 registered for the offences punishable under Ss. 323, 353, 504 and 506 of The Indian Penal Code (hereinafter re ferred to as the 'IPC', for brevity).

(2.) The case of the prosecution is that, one Sri. Martujasab son of Fakirsab Binnal has filed the complaint stating that he is a practicing advocate at Gadag Court since 2013 and he has been appointed as Legal Advisor by Gadag District Legal Service Authority since 2019 to look after the various Government Departments work and he is providing his services in that regard. It is further stated that during his tenure as a Legal Advisor to Women and Child Development Department, Gadag, from 2021 October to 2022 January, while discharging his official duty, one Smt. Bhuvaneshwari W/o Basavaraj Kukanur @ Ganiger filed complaint bearing No.17/2021 on 26.10.2021 against her husband regarding their matrimonial dispute, at that time, Conservation Officer called upon the complainant and conducted enquiry and the present complainant advised her to lead good life and close the case. It is further stated that on 4/6/2022 when complainant was at Gadag Court complex at 12:30pm, the accused being the husband of Smt.Bhuvaneshwari, abused him in filthy language and gave life threat to him. When he questioned the same, the accused assaulted the complainant on his back and dragged him saying that the complainant is trying to separate both husband and wi fe and obstructed from per forming public duty. At that time, advocates Mailargouda Patil, Babusab Dayammanavar and Shivakumarswamy Hiremath and staff of Women and Child Development Office, Kallappa Banavi, resident of Lakkundi, and Syed Bhasha Makandar resident of Mulgund came to rescue the complainant, again, the accused went away by giving life threat to the complainant. The complainant took first aid in the house. Later, he informed about the incident to the President of Bar Association, Gadag and on their advise, he lodged the complaint. The said complaint came to be registered in Crime No.123/2022 in Gadag Rural Police Station for the a foresaid offences. During investigation, the petitioner came to be arrested on 16.06.2022 and he is judicial custody. The petitioner filed bail application be fore the learned JMFC-II, Gadag and the same came to be rejected by order dtd. 22/7/2022. The Bar Association, Gadag, has resolved not to appear on behalf of the accused and plead for him since the complainant is an advocate. None of the advocates at Gadag were ready to appear for the petitioner. Hence, he approached the District Legal Services Committee and it has requested the High Court Legal Services Committee to seek bail from this Court. There fore, the petitioner is before this Court seeking bail.

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