SHASHISHEKAR NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are accused Nos.1, 2 and 3 are knocking at the doors of this Court in the subject petition calling in question proceedings in C.C.No.30527/2023.

(2.) The respondent No.2 is the complainant. It is the case of the prosecution that on 16/8/2023, a warrant of arrest of the accused was issued and to execute the warrant, the complainant would reach the house of the petitioners. At that point in time, it is alleged that the petitioners not only abusing him with foul language, have also assaulted the complainant. Therefore, a complaint is registered which becomes a crime in Crime No.272/2023 for the offences punishable under Ss. 332, 353, 504 and 34 of IPC. The Police after investigation filed a charge sheet for the offences as afore quoted. Filing of the charge sheet is what has driven the petitioners to this Court in the subject petition.

(3.) Learned counsel appearing for the petitioners submits that when the complainant reached the house of the petitioners to execute the warrant, they were not in their uniform and therefore, the petitioners thought that somebody else is barging into their house and indulged in the subject acts. They would submit that two days prior to the said incident also, somebody had barged into the house. Therefore, for their protection, they have so done.