MAHANTAWWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are arraigned as accused No.1 and 2 have filed this petition under Sec. 438 of Code of Criminal Procedure (for short, ' Cr.P.C .') to grant them anticipatory bail in Crime No.73/2023 of Kushtagi Police Station for the offences punishable under Ss. 341, 323, 354B, 504, 506, 463, 420 r/w Sec. 34 of I.P.C.

(2.) Petitioners/accused No.1 and 2 have contended that they are innocent and have not committed the alleged offences. There are no grounds to connect them with the alleged incident. They have been falsely implicated. Petitioner No.1 is aged 82 years and petitioner No.2 who is her son aged 68 years. They have been falsely implicated due to civil dispute pending between them in O.S.No.343/2015 on the file of Senior Civil Judge, Kushtagi for declaration and other reliefs. It is pending adjudication. Petitioners are law abiding citizens. They are ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

(3.) Learned High Court Government Pleader submitted oral objections stating that complainant- Sharanappa Tippanna Jeer was the owner of the land in Sy.No.98/1 measuring 8 acres 24 guntas. However petitioners have got their names entered in the documents pertaining to the said land claiming to be the wife and son of Adiveppa, paternal uncle of the complainant who died issueless. In this regard, complainant has filed aforesaid suit. In this background, on 27/12/2022, both petitioners went to the said land and picked up quarrel with the complainant and his wife, assaulted them with hands, kicked them with legs. When complainant's wife Nirmala intervened, accused No.2 outraged her modesty by pulling her saree and tore her blouse. They gave threat to the life. 3.1 Since the concerned police failed to register the case, complainant filed a private complaint in PCR No.34/2023. On referring to the same, concerned police have registered the case and take up investigation. There are specific allegations made against petitioners which requires investigation. From the date of offence, petitioners have absconded and their custodial presence is required and prays to reject the petition.