SANGAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the petition under Sec. 439 of Cr.P.C. for enlarging them on bail in Cr.No.116/2023 registered by Hulsoor Police Station for the offence punishable under Ss. 341, 323, 324, 307, 504 and 506 r/w Sec. 34 of IPC.

(2.) It is the case of the prosecution that on 27/11/2023 at about 8.00 a.m., SHO has received the MLC from Government Hospital, Bidar and on the basis of MLC, a constable was deputed for recording the statement of injured complainant. Accordingly, Head Constable went to the hospital and he recorded the statement of the injured which came to be registered in Cr.No.116/2023. It is the contention of the prosecution that accused No.1 had grudge against the complainant suspecting that he has informed the police about transportation of PDS rice and regularly used to quarrel with him in this regard. It is further alleged that on 21/5/2023 at 11.30 p.m., when the complainant was sitting in the courtyard of the School in the village, the petitioners came there and accused Nos.2 and 3 restrained him, while accused No.1 i.e., the petitioner No.1 assaulted him by stick on his head, finger, right side of ribs, thigh etc., It is also alleged that other two petitioners have also fisted him on his stomach and back and he was abused as well as threatened. According to the prosecution some of the persons have pacified the quarrel and the petitioner was shifted to private hospital and then he returned to his house. Subsequently, his parents were intimated about this incident and the father and brother came there and they again shifted him to the Government Hospital wherein a requisition was sent by the Government Hospital and subsequently, this complaint was filed in the hospital. The petitioners were said to have been arrested on 27/11/2023 and they were remanded to custody. They approached the learned Sessions Judge seeking regular bail and their bail petition came to be rejected and hence, they are before this Court.

(3.) Heard the learned counsel for the petitioners and learned the learned High Court Government Pleader. Perused the records.