ZAMEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent State.

(2.) The petitioner, who is accused No.4 has filed this petition under Sec. 438 of Cr.P.C. for grant of anticipatory bail in Crime No.110/2023 of Gandhi Chowk police station, Vijayapura district for the offences punishable under Ss. 323, 324, 326, 307, 504 and 506 read with Sec. 34 of IPC.

(3.) Brief facts of the prosecution case are that, on 26/6/2023 at 5.15 p.m., the complainant lodged a complaint alleging that accused No.3, who is his wife was frequently talking with some persons over phone, thus, the complainant was objecting the same. On 25/6/2023, at 6.00 p.m., while the complainant came to his house, accused No.3 was talking over phone and hence, the complainant objected her and thus, she picked up quarrel with the complainant and thereafter, at about 10.00 p.m., she came along with her brother to his house, after seeing them, the complainant started proceeding towards Secab School, at that time, the petitioner took quarrel with the complainant, abused him in filthy language, intentionally provoked his breach of peace. Accused No.1 assaulted the complainant with knife on his neck and caused bleeding injuries, while accused No.2 and this petitioner/accused No.4 have assaulted the complainant with their hands on his face and cheek, thus, caused injuries. Therefore, the complainant lodged a complaint. Apprehending his arrest at the hands of the respondent - police, the petitioner has filed a petition before the First Additional Sessions Judge, Vijayapura in Crl.Misc.No.1103/2023, who in turn, dismissed the same on 26/7/2023. Hence, the petitioner has filed the present petition.