RAMAPPA @ RAMU Vs. STATE BY PS I

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner-accused No.3 on bail in the event of his arrest for the offences punishable under Section 394 of IPC registered in respondent police station Crime No.288/2017.

(2.) Brief facts of the prosecution case as per the complaint averments are on 04.07.2017 at about 10.00 pm while the respondent No.2 and his father were returning back to home after closing office in front of Inspection Bunglow on B.H.Road, Sagar Town in Maruthi Swift Dzire Car bearing registration No. KA 15 M 9522, all of a sudden Mahindra Canter vehicle came from opposite direction and stopped in front of their car obstructing their car to move out. Pursuant to the same, father of respondent No.2 questioned the driver of the opposite vehicle as to why he parked his vehicle obstructing the movement of his car and demanded him to remove his vehicle. Further, the driver of the offending vehicle has de-boarded the vehicle with an iron rod had assaulted the father of respondent No.2 and snatched away his gold chain weighing 50 grams. The other inmate of the vehicle has also got down from the vehicle with one more iron rod and assaulted respondent No.2 on his left hand, right hand, back, left leg and snatched gold chain weighing 15 grams. When the driver of respondent No.2 tried to catch the offenders, they have also assaulted him with iron rod. In the meanwhile, passersby have come to rescue respondent No.2 and looking at them those persons fled away in their vehicle. On verification, respondent No.2 came to know the names of the driver of the vehicle and other persons. On that basis, said complaint came to be registered against present petitioner and accused Nos.1 and 2 as their names also reflected in the FIR.

(3.) Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.