LAWS(KAR)-2016-5-6

AVVANNA Vs. STATE OF KARNATAKA

Decided On May 12, 2016
Avvanna Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This petition is presented under Section 438 Cr.P.C., seeking anticipatory bail by the petitioners/ accused No.1 to 4 for the offences punishable under Sections 143, 147, 148, 323, 324, 506, 307 read with Section 149 of IPC in Crime No.90/2016 registered by Ghataprabha Police Station.

(2.) Heard Shri M.J. Peerjade, learned Counsel for the petitioners and Shri K. Nageshwarappa, learned HCGP for the respondent/State.

(3.) Learned Counsel for the petitioners submitted that the complaint in the instant case is filed by the wife of the first petitioner as a counter blast to a complaint lodged by the fourth petitioner, who is the brother of the first petitioner. He pointed out that complaint lodged by the fourth petitioner is registered as Crime No.90/2016 by Ghataprabha Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 506, 307 read with Section 149 of IPC. He further pointed out that the instant complaint is lodged at 8.15 p.m. nearly an hour after Crime No.90/2016 was lodged. The complaint in the instant case is in respect of an alleged offence, which supposed to have taken place in the afternoon of 19.3.2016. He further submitted that the parents and brothers of the first petitioner (husband of the complainant) have also been roped in this false complaint to harass them. With these submissions, he submitted that the complaint is palpably false and prays for allowing the petition.