V.CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has filed this petition under Section 438 of Cr.P.C. seeking for grant of anticipatory bail in the event of his arrest in Crime No. 78/2016 Channapatna Rural Police Station for the offences punishable under Sections 279, 324, 327, 337, 506(B) and 149 of IPC.

(2.) The case of the prosecution is that one Sai Satisha lodged a complaint on 8-3-2016 alleging that on 5-3-2016, after completing his work and returning to his village at Channapatna in his motorbike bearing registration No. KA- 02/JG-6149 at about 7.45 p.m., near Shyam-sundar Hotel at Byrapatna, a Innova car bearing registration No. KA-53/M- 4912 dashed his motorbike from hind side. Due to the impact, the complainant fell down and sustained grievous injuries. On questioning the rash and negligent driving of the said Innova car, the inmates of the said car assaulted the complainant with iron rods on the head, face and robbed silver chain and also a sum of Rs.4,000/- cash from him. The Police have registered a case for the offences punishable under Sections 279, 327, 337, 324, 506(B) read with Section 149 of IPC. On the apprehension of arrest, the petitioner and three other persons filed Criminal Misc. No. 149/2016 before the I Additional District and Sessions Court at Ramanagara. The said petition was dismissed by the I Additional District and Sessions Court at Ramanagara on 11-03-2016. Hence, the petitioner has filed this petition seeking anticipatory bail.

(3.) Learned Counsel appearing for the petitioner contended that a false case has been foisted against the petitioner. No allegation is made against the petitioner regarding assault with iron rods on the face and shoulders of the complainant. In the complaint, it was specifically mentioned that when the complainant questioned the rash and negligent driving of the Innova car, the inmates of the car abused and assaulted him. There is no allegation against the petitioner and hence sought for grant of anticipatory bail.