GANGARAJU ALIAS RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPREHENDING his arrest by the respondent Tavarekere Police in connection with case in Crime No. 424/12 registered for the offence punishable under Section 307 of IPC, the petitioner has presented this petition under Section 438 of Cr. P.C. seeking the relief of anticipatory bail. According to the case of the prosecution, with regard to the question as to where the cremation of dead body of one B.S. Narayana Gowda who died on 19.8.2012 was to be performed, there were some quarrel between this petitioner and others on the one hand and injured Mahendra Kumar and others on the other hand. However, the cremation was performed in the burial ground situated in Chamarajapet, Bangalore. The injured Mahendra Kumar and his wife Smt. Gowramma were not in their house at No. 12, 15th Cross, Sallapuradamma Lay Out, Sunkadakatte, Bangalore as they had gone to attend the burial and other obsequies ceremonies. When Mahendra Kumar returned home in the night of 20.8.2012, he was told about the damage caused to the window panels of the house by this petitioner and others. Therefore, said Mahendra Kumar went near the house of this petitioner and questioned this petitioner as to wiry he damaged the window glasses of his house. At that time suddenly this petitioner and two other accused assaulted Mahendra Kumar with knife as a result he sustained bleeding injuries and immediately he was shifted to Hospital. On coming to know about the incident, Smt. Gowramma wife of Mahendra Kumar came to the Hospital and in respect of the said incident she lodged the report at about 1.30 p.m. on 25.8.2012 based on which case came to be registered and investigation was taken up. On coming to know of the registration of the case, the petitioner and other persons arraigned as accused in the case approached the learned Sessions Judge for grant of anticipatory bail. However prayer made by this petitioner came to be rejected while other accused persons were granted anticipatory bail. Therefore, the petitioner is before this Court. K.N. Keshavanarayana -Apprehending his arrest by the respondent Tavarekere Police in connection with case in Crime No. 424/12 registered for the offence punishable under Section 307 of IPC, the petitioner has presented this petition under Section 438 of Cr. P.C. seeking the relief of anticipatory bail. According to the case of the prosecution, with regard to the question as to where the cremation of dead body of one B.S. Narayana Gowda who died on 19.8.2012 was to be performed, there were some quarrel between this petitioner and others on the one hand and injured Mahendra Kumar and others on the other hand. However, the cremation was performed in the burial ground situated in Chamarajapet, Bangalore. The injured Mahendra Kumar and his wife Smt. Gowramma were not in their house at No. 12, 15th Cross, Sallapuradamma Lay Out, Sunkadakatte, Bangalore as they had gone to attend the burial and other obsequies ceremonies. When Mahendra Kumar returned home in the night of 20.8.2012, he was told about the damage caused to the window panels of the house by this petitioner and others. Therefore, said Mahendra Kumar went near the house of this petitioner and questioned this petitioner as to wiry he damaged the window glasses of his house. At that time suddenly this petitioner and two other accused assaulted Mahendra Kumar with knife as a result he sustained bleeding injuries and immediately he was shifted to Hospital. On coming to know about the incident, Smt. Gowramma wife of Mahendra Kumar came to the Hospital and in respect of the said incident she lodged the report at about 1.30 p.m. on 25.8.2012 based on which case came to be registered and investigation was taken up. On coming to know of the registration of the case, the petitioner and other persons arraigned as accused in the case approached the learned Sessions Judge for grant of anticipatory bail. However prayer made by this petitioner came to be rejected while other accused persons were granted anticipatory bail. Therefore, the petitioner is before this Court.

(2.) THE petition is opposed by respondent -State.

(3.) ADMITTEDLY , the petitioner has been arraigned as accused No. 1 in the aforesaid case registered for non -bailable offence. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.