GOPAL Vs. STATE

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as ' Cr.P.C .') seeking to enlarge petitioners who are arraigned as accused Nos.1 and 2 on anticipatory bail in the event of their arrest in Crime No.117/2022 of Lingasugur Police Station, registered for the offences punishable under Ss. 324, 326 and 504 read with Sec. 34 of Indian Penal Code,1860 (for short hereinafter referred to as 'IPC').

(2.) The above said case came to be registered against petitioners on the basis of a complaint lodged by one Devaraj on 14/6/2022 stating that complainant and these two petitioners were residing in a Hostel at Lingasugur. On 20/3/2022 at about 9.00 p.m. the petitioners requested the complainant to give his motorcycle to go to Lingagusur. The complainant refused to give motorcycle key as it was night time. At about 10.00 p.m. the petitioners assaulted the complainant with wooden ripper on his head and legs. Thereafter, he was taken to hospital and after discharge from the Hospital, he lodged the complaint.

(3.) Learned counsel for the petitioners submits that though alleged incident has taken place on 20/3/2022, the complaint came to be lodged after lapse of nearly 2 1/2 months. The petitioners are the students and complainant is also student. Out of vengeance and ill-will, a false case has been filed against the petitioners. The injured is already discharged from the hospital. The medical report shows that there are no severe injuries. If the petitioners are arrested and sent behind the Bar, then entire character of the petitioners will be affected. The petitioners are ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. Hence, learned counsel for the petitioners prays to allow the petition.