(1.) This petition is filed by the petitioners/accused Nos.3 and 4 under Sec. 439 of the Code of Criminal Procedure, 1973, for granting regular bail in Crime No.41 of 2023 of West Police Station, Raichur, registered for the offences punishable under Ss. 143, 147, 148, 341 , 323, 324, 307, 353 and 504 read with Sec. 149 of the Indian Penal Code, 1860, pending on the file of the IV Additional Judicial Magistrate First Class Court, Raichur.
(2.) Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
(3.) The case of the prosecution is that, on 4/6/2023 when the complainant was on patrolling duty he received information that some persons are sitting on public road, drinking alcohol and causing disturbance to other hostel students. Thus, the complainant went to the said spot at midnight i.e., at 12.54 a.m. and the complainant and others advised the five accused persons, who were drinking alcohol in the public place and they refused to leave and then exchange of words happened between them. Three persons caught hold the complainant and meanwhile, Basappa, Police Constable, came to rescue the complainant, remaining two persons caught hold Basappa and snatched the lathi and mobile. One of them, assaulted him on his face by fist, another person assaulted the complainant on elbow joint with stick and caused bleeding injuries and one of them caught hold Basappa and another person assaulted him with broken beer bottle with an intention to kill. Basappa sustained injury on left forehead and right elbow joint and then, he escaped from the blow and fell on the ground. Hence, the complainant lodged a complaint. On the basis of the complaint, the respondent-Police registered the case for the aforesaid offences and arrested the petitioners and remanded them to judicial custody.