NAGAMMA Vs. STATE

JUDGEMENT

(1.) Criminal Petition No.6802/2022 is filed by accused No.5 under sec. 439 of Cr.P.C. seeking regular bail and Criminal Petition No.6839/2022 is filed accused Nos.1 and 2 under Sec. 438 of Cr.P.C seeking anticipatory bail in Crime No.109/2022 registered by Huliyurdurga Police Station, for the offences punishable under Ss. 143 , 323, 324, 307, 354, 506 read with Sec. 149 of IPC.

(2.) Heard the learned Counsel appearing for the petitioners and learned High Court Government Pleader for the respondent State.

(3.) The case of prosecution is that on the complaint of one Hanumantha B.S., the respondent police registered the case for the aforesaid offences. It is alleged in the complaint that on the date of incident, the complainant was proceeding near the spot where accused No.1 along with some of the villagers was doing panchayath/meeting in respect of the land in Sy. No.82 of P. Honnamachanahalli village. It is further alleged in the complaint that one Krishnappa and Vinay have also obtained permission order from the High Court for running crusher business. The accused persons used to protest against the running of crusher business. On the date of the incident i.e. on 3/7/2022 at 5.15 p.m., when the complainant was proceeding on the road, accused No.1 said to be the President of Raitha Sangha and also the other members of the Raitha Sangha took up quarrel with the complainant. Accused No.1 said to be abetted the other accused to assault on the complainant. Accused No.2 assaulted on the complainant with operation blade and when the mother of the complainant came to his rescue, she was also assaulted on her head by accused No.5. Both the injured immediately went to hospital and after taking treatment, filed a complaint before the police. The police arrested accused No.5 and he is remanded to judicial custody. However, accused Nos.1 and 2 are apprehending arrest at the hands of police. The bail petition by these petitioners-accused Nos.1, 2 and 5 before the Sessions Judge came to be rejected. Hence, they are before this Court in these criminal petitions.