RAMCHANDRA AND OTHER Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking anticipatory bail in Kakati Police Station crime No.150/2018 for the offences punishable under Sections 143, 147, 149, 324, 326, 341, 504 and 506 r/w Section 149 of the Indian Penal Code, 1860 (IPC).

(2.) The summary of the case of the prosecution is that, one Shivanand B.Naik lodged a complaint with the respondent-police on 25.04.2018 at 21.45 hours. The summary of the said complaint is that, there was a dispute with respect to sharing of the property between the family of the complainant and that of the accused. That being the case, on 22.04.2018 at about 7.00 a.m. when the father of the complainant was arranging unused roof tiles on the side of his house, the accused in this crime, armed with weapons, like club and axe rushed there and objected the father of the complainant for storing the tiles there. In that process, they abused the family of the complainant in filthy language. That apart, all the accused started assaulting the complainant and his father and also one Smt.Jyoti said to be the mother of the complainant, who rushed to the rescue of her husband and son. In that process, the accused also assaulted the said Smt.Jyoti with a club on her limbs. By intervention of the others in the locality, the accused left the place by putting life threat to the complainant. The said complaint was registered for the offences as shown above.

(3.) The learned counsel for the petitioners in his argument submitted that there is a delay of three days in lodging the complaint which by itself gives some suspicion in the case of the prosecution. Further, admittedly there is a family rivalry between the parties, as such also it can be inferred at this stage that a false case has been foisted against the accused.