GANAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused Nos.1 and 5 have filed this petition under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Crime No.53/2022 of Gokarna Police Station registered for the offences punishable under Ss. 143, 147, 148, 341, 324, 307, 504, 506 and 109 read with Sec. 149 of Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution is that one Rama Venkatramana Hosakatta has filed the complaint stating that on 28/6/2022 he had been Hosakatta Kannada School for the purpose of taking brother's children from the school at that time one Shruti (accused No.8) was in the school. He made enquiry with the Head Master of the school, whether they have appointed any new persons for cooking work in the school and it was over heard by Smt . Nagaveni Hosakatti (accused No.7) and Shruti (accused No.8). While he returning to house, accused Nos.7 and 8 objected for the said enquiry made by him and he has informed them that he has only talked to the Head Master and nothing to do the said affairs. It is further stated that when he was near the school at 1.00 p.m., all the accused came to the spot and abused him. Accused No.1 assaulted him with iron stick on head and accused No.5 assaulted him with rod below his right knee and sustained injuries to the complainant. The said complaint filed by the complainant came to be registered in Crime No.53/2022 by Gokarna Police Station for the aforesaid offences. Along with the other accused these petitioners have filed Criminal Miscellaneous No.290/2022 seeking anticipatory bail and the same to be rejected by an order dtd. 15/7/2022 by the learned Principal District and Sessions Judge, Uttar Kannada, Karwar. Therefore, petitioners/accused Nos.1 and 5 are before this Court seeking anticipatory bail.

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