PRATAPSINGH AND OTHERS Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by the petitioners under section 438 of Cr.P.C., 1973 seeking their enlargement on anticipatory bail in Crime No. 42/2018 of respondent complainant police station for the offence under Sections 427, 504, 149, 143, 147, 148, 448, 323, 307 of IPC.

(2.) The summary of the case of the prosecution is that on 05.03.2018 the complainant Gajanan Chandrakant Shinde lodged a complaint with the respondent-police alleging that on the said day at 00.15 hours, when he came out of the house in order to spit Gutkha, which he was chewing, the present accused and their brothers started abusing him in filthy language and stating that he had earlier escaped from their hands, they shouted that they would kill him. Without reacting to their threatening, the complainant went inside his house. Following him, the accused went to his house and since he did not open the door, they broke open the door and trespassing into the house, started assaulting the complainant. Among them, petitioner Nos.1 and 2 herein assaulted him with a knife stating that they would kill him. In the process, they inflicted several injuries on the different parts of his body. They also assaulted other family members, who rushed to rescue of the complainant/assaulted. The accused assaulted them also. The complaint also says that, the said incident has occurred due to old rivalry between them. The said complaint was registered by the complainant police station for the above said offences.

(3.) Learned counsel for the petitioners, in his argument, while reiterating the contention taken up in the petition submits that, there is no mentioning about the alleged attempt to murder made in the complaint. There is a complaint lodged by the accused also against the present complainant and others in Crime No. 43/2018 in the very same Police Station about the incident. As such, when there is a complaint and counter complaint, the truthfulness about the incident can be ascertained only in a full fledged trial. Thus he prays for allowing the petition.