THIMMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.101954/2022 is filed by accused Nos.1 and 2 under Sec. 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C .', for short) and Crl.P.No.101955/2022 is filed by the accused Nos.3 and 5 to 8 under Sec. 439 of Cr.P.C. for granting bail in Crime No.40/2022 registered by Hatcholli Police for the offence punishable under Ss. 143, 147, 148, 323, 324 , 307, 504, 506(2) read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC ', for short).

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

(3.) The case of the prosecution is that one Savareppa S/o. Hanumanthappa filed a complaint on 1/6/2022 alleging that on the same day, himself, his brother and his brother's wife were plowing the land in Sy.No.62 through the tractor. At that time, the accused persons came with deadly weapons, abused them in filthy language. Then accused No.1 assaulted the complainant with an axe on his head. When the brother of the complainant came to intervene, the accused No.3 snatched the axe which was at the hands of accused No.1, assaulted the brother of the complainant. The other accused persons said to have assaulted the wife of the brother of the complainant and caused injuries. After registering the case, the police arrested accused Nos.1 and 2 on 3/6/2022 and remanded to judicial custody. Their bail petition came to be rejected by the Sessions Court. The accused Nos.3 and 5 to 8 apprehending their arrest, they also approached the Sessions Court for anticipatory bail which also came to be rejected by the Sessions Court. Therefore, they are before this Court.