NARAYANAGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Criminal Petition No.10983/2022 is filed by Accused Nos. 1 & 2 and Criminal Petition No.10971/2022 is filed by Accused Nos.3 to 5 under Sec. 438 of Cr.P.C. for enlarging them on bail in the event of their arrest in Crime No.111/2022 of Thirumalashettihalli Police Station, Bengaluru District, now with Vishwanathapura Police, registered for the offences punishable under Ss. 323, 327, 307, 143, 147, 148, 504, 506 read with sec. 149 of IPC and Ss. 25, 26 and 27 of the Indian Arms Act, pending on the file of Additional Civil Judge (Jr.Dn.) and JMFC, Hosakote, Bengaluru Rural.

(2.) The brief factual matrix leading to the case are that, the complainant is the resident of Kodihalli in Hosakote Taluk, Bengaluru Rural District and he was possessing land in Doddagattiganabbe Village near Suguna Office. According to the prosecution, on 22/7/2022 at about 2.00 p.m., the present petitioners/Accused Nos. 1 to 5 along with three more persons came on four motor bikes and started abusing the complainant in vulgar language and asked him to stop the work and then the complainant refused to stop the work on the ground that the land belongs to them. Suddenly petitioner No.1/Accused No.1- K.Rajesh has assaulted the complainant by a deadly weapon on the head. As a result, he collapsed there itself. It is also alleged that, when Chethan tried to intervene, Petitioner No.2/Accused No.2- K.Sunil showed him the dragger and thereby Chethan ran away under fear. Later on, by the said dragger Accused No.2-Sunil attempted to assault on the neck of the complainant and then Accused No.3-Narayanagowda, who was also possessing the dragger, has also tried to assault the driver (Naveen) of the complainant and at that time, the driver fired two rounds in air from his licenced gun in his self-defence. It is further alleged that in spite of that, Dilip, Babu and others attacked the complainant and then Naveen, the driver of complainant has fired once on the surface and later Narayanagowda, Dilip and Bharath have snatched the licenced gun belonging to the complainant and then Dilip and Bharath held the complainant and abetted Narayanagowda to shoot him. Then Narayanagowda fired two to three times towards the complainant, but he escaped. It is the further case of the prosecution that, a boy working in the field was recording the entire incident in his mobile and on noticing he same, Dilip by showing dragger to him, snatched that mobile and damaged it . It is the further case of prosecution that, thereafter the petitioners threw the guns there at the spot and fled. In this regard, the complainant has lodged a complaint and on the basis of the complaint, the crime came to be registered.

(3.) The petitioners/Accused Nos.1 to 5, apprehending their arrest have approached the learned Sessions Judge and the learned Sessions Judge has rejected their bail petition. Hence, the petitioners are before this Court.