BASAPPA SHIVAPUTRAPPA HADAGALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners/accused Nos.1 to 5 under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C .' for brevity) for granting anticipatory bail in Crime No.46/2022 registered by the Bagalkot Police Station, for the offence punishable under Ss. 143, 147 , 148, 323, 324, 307, 324, 307, 504, 109 and 506(2) read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC 'for brevity).

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

(3.) The case of the prosecution is that, on the complaint of one Gyanappa Hanamappa Bhagavati, whose statement is recorded in the District Hospital, wherein he has stated that one Annapurna Shivappa Hadagali is stated to have holding some acres of land and her daughter had also died and whereabouts of her husband are not known for last 25 years. Himself and his brother are cultivating the land and are giving the income from agriculture to her and she also stated to have executed 'will' in favour of his brother and he is stated to have purchased the property from Annapurna. Subsequently, she fell ill and was taken to the hospital. The complainant spent Rs.6,00,000.00 to save her but could not save. Later, said Annapurna died. Even the last rites were performed by the complainant and the accused persons started picking up quarrel claiming share in the property as her legal representatives and on 13/3/2022 accused persons came and assaulted the complainant with axe, sticks and sprinkler pipe and caused injuries and went away. After registering the case, since the police were making hectic efforts to arrest the petitioners, they approached learned Sessions Judge for granting anticipatory bail, which came to be rejected. Hence, the petitioners are before this Court seeking anticipatory bail.