KUMARASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since these two petitions are in respect of the same crime number and since common question of law and facts are involved in both the petitions they were taken together to dispose of them by common order.

(2.) Accused no.1 in Crl. P. No. 101905/2015 has filed the petition under Section 439 of Cr.P.C. whereas accused Nos.2 to 7 filed the petition under Section 438 of Cr.P.C. seeking anticipatory bail of the alleged offences punishable under Section 143, 147, 148, 341, 504, 324, 307, 506 r/w Sec. 149 of IPC registered in respondent Police Station Crime No. 105/2015.

(3.) I have heard learned counsel for the petitioners and also the learned Govt. Pleader for the respondent-State. I have perused the grounds urged in the bail petitions. Story of the prosecution as per the complaint averments of one H. Ramesh, the lorry driver has filed complaint on 17.10.2015 stating that Smt. Yannakka wife of his younger brother Ravi was enticed and eloped by Tayappa @ Store Tayappa about one month ago. She had been sent to shelter home and lodged a complaint with Ballari Police. On 16.10.2015 Gadiganur Police came to search and arrest Tayappa @ Store Tayappa at about 4.45 p.m. at their house at P.K. Halli. At that time the family members of Tayappa, i.e., the petitioner, had concealed Tayappa in their house who had escaped from there and Gadiganur Police went back without Tayappa. It is also alleged that later at about 7.30 p.m. the complainant was proceeding towards his house brother of Store Tayappa came abusing that the complainant had bribed the Police and made them to register a false case against his brothers, etc., that he is going to murder him, and stabbed him with knife to his left hand. At that time the people who were there taken the knife from his hand.