G. K. SHIVAKUMAR @ SHIVU Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. seeking for anticipatory bail in Crime No.56 of 2016 registered before the Doddaballapura Town Police Station for the offences punishable under Sections 307, 323, 506 read with Section 34 of I.P.C.

(2.) One Hanumantha, S/o. Dasappa, lodged a complaint stating that while he was proceeding towards Railway Station on some work, one Balu had informed him that some people were assaulting his brother, Guru, near Kempanna Dabha. Immediately, on visiting the spot, he came to know that one Shivu and his friends were assaulting his brother. On the said complaint, the Police have registered a case against the petitioner and other two accused for the offences punishable under Sections 307, 323 and 506 read with Section 34 of I.P.C. The case of the petitioner is that he was not involved in any of the offences alleged against him, but a false complaint has been foisted in order to tarnish his image. However, accused Nos.2 and 3 have already approached this Court in Criminal Petition No.2412 of 2016 and this Court on 12 -5 -2016 enlarged them on bail, subject to certain conditions. The petitioner is similarly placed and sought for enlargement of the bail.

(3.) Learned High Court Government Pleader appearing for the respondent - State opposed for grant of bail contending that investigation is not concluded. If the petitioner is granted bail, he is likely to interfere with the investigation and hence, sought for rejection of the bail petition.