ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 438 Cr.P.C. seeking anticipatory bail in the event of his arrest in Crime No.52/2019 for the offences punishable under Sections 143 , 147 , 148 , 323 , 326 , 504 , 506 read with Section 149 IPC.

(2.) On the basis of the complaint filed by Eshwar, the respondent - Police have registered the case. The allegations are that on 18.03.2019 morning at 7.00 a.m. the complainant was sitting in front of his house, his uncle Devindrappa and his sons by name Ramesh and Ashok came on a motorcycle and dashed against him, as a result of which, he fell down. In the mean while, the petitioner - Ashok got down from the motorcycle assaulted him with a stick on his body and hands. Another accused - Ramesh assaulted with the stone on his chest. When the complainant's father came to rescue him, accused by name Chandrappa kicked him and his aunt Buggamma abused and assaulted his father. At that time, the villagers by name Monappa and the mother of the complainant came to the spot and rescued them. The complainant and his parents got admitted to Gurumitkal Hospital for medical treatment. On registering the case, the police have taken up the investigation.

(3.) Learned counsel for the petitioner contended that a false complaint has been filed against the petitioner as a counter blast to the complaint filed by the father of the petitioner against the complainant and his family members. Even according to the complaint averments, the petitioner has not used any deadly weapons and has not assaulted the complainant on his the vital parts of the body. On account of the family dispute, a false complaint has been filed to the vindictive motive to harass the petitioner and his family members. In the event of arrest, the petitioner would be put to great hardship.