SOMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused Nos.1 and 2 in Crime No.126/2023 registered by Shanivarasanthe Police Station, Kodagu for the offence punishable under Ss. 323, 324, 498A, 354, 504, 149 IPC, are before this Court under Sec. 438 of Cr.PC.

(2.) Heard the learned counsel for the parties.

(3.) On the basis of the complaint dtd. 29/8/2023 lodged by Soumya J.J, wife of the second petitioner herein, FIR in Crime No.126/2023 was registered by Shanivarasanthe Police, Kodagu against the petitioners herein and three others for the aforesaid offences. In the complaint, it is averred that the complainant's marriage with the second petitioner herein was solemnized about six years prior to the incident and from the wedlock, they have two children, aged about four and half years and two and half years respectively. On 27/8/2023, the complainant's children were playing in the Verandah of the house, the complainant took them inside for the purpose of teaching them, since they had exams. Petitioner No.1 allegedly assaulted the complainant on her leg with the throw ball. When the complainant enquired why he was assaulting her, he allegedly kicked her, she fell down. It is averred in the complaint when the complainant fell down, he further assaulted her with a ball badminton racket, as a result, the complainant suffered injuries. In the complaint, it is averred the petitioners herein and their family members have been abusing and assaulting the complainant regularly. It is also averred that in respect of the injuries suffered by the complainant on 27/8/2023, she has taken treatment in the hospital and thereafter, she had filed a complaint on 29/8/2023. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.346/2023 praying for anticipatory bail,, which was dismissed on 12/9/2023. Therefore, they are before this Court.