PAVITHRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners No.1 and 2/accused No.1 and 2 filed the present petition under Section 438 of Cr.P.C. for release them on anticipatory bail, in Crime No.12/2018 of Maski Police Station for the offences punishable under Sections 504, 323, 354, 506 R/w Section 34 of IPC pending on the file of Prl. Civil Judge (Sr. Dn) and CJM Court at Lingasugur.

(2.) It is the case of the prosecution that on 27.01.2018 at about 10.00 a.m. accused Nos.1 and 2 went to the complainant's house, raised quarrel with her stating that, "Ninna ganda nennaya divasa anganwadi makkalla sabanda dinaalu karedare baruthare ivathu karedare hege baruthare antha hage anda avanige yenu sabanda aa rithiyagi annallu avanige yenu adikara idde bosadi". The accused No.2 has caught hold the left hand, pulled her and beaten her over chest and shoulder by hands and forcibly pushed. She fell down on the ground. Her saaree was removed due to incident. She was insulted thereby modesty was outraged. The Accused No.1 caught hold the mattress, pulled the complainant and beaten her by hands over back. The persons present in the locality have pacified the quarrel. The Accused Nos.1 and 2 have threatened the complainant stating that "eega ullididdi innondu saari namma tantege bandare ninna jiva sahita biduvudilla". On 26.01.2018 the Accused No.1 being Anganwadi Teacher went to the complainant's house and called the children to the Anganwadi School for Flag Hosting. The complainant's husband informed the accused No.1 that children will attend the school if called everyday and they may not attend if called only on the event of Flag Hosting. Therefore, on the next day morning the Accused Nos.1 and 2 went to the complainant's house and committed the alleged offences. The jurisdictional police have registered the case in Crime.No.12/2018 for the offences stated supra. Hence, the present petition is filed under Section 438 of Cr.P.C.

(3.) The learned High Court Government Pleader opposed to allow the petition.