SHANKERAPPA YALLANAIK NAIKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is said to be arraigned as accused No.2 has filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail in the event of his arrest relating to the case in Crime No.77/2019 of Katkol P.S. for the offences punishable under Sections 341, 307 and 506 read with Section 34 of IPC.

(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.

(3.) It is stated in the complaint by the complainant, Smt.Gouravva Nagappa Chippalakatti that the house of the complainant is at uphill, while the house of petitioner is at downhill; as the complainant was constructing a new house, she had stored stones for that purpose, in front of her house. On account of this, water used to stagnate and then flow towards the house of petitioner. The petitioner insisted complainant to remove the stones but complainant replied to do so only after completion of construction work. Since then, they were not in cordial terms. In this background, on 19.06.2019 at about 8:30 a.m. near CBSE School Cross, petitioner and his father i.e., accused Nos.1 and 2 came from behind Nagappa, accused No.1 held him firmly; then the petitioner assaulted with axe on his head with intention to kill him, but he managed to escape from the clutches of the accused and the accused thrown the axe towards Nagappa, thereby severing his left index finger. Due to the assault made by the accused No.1, the injured sustained injuries. On knowing upon the incident through the complainant's younger brother, Adiveppa and his uncle Omkarappa came to his rescue and shifted him to the Hospital to provide treatment. Based upon the complaint filed by the complainant, crime came to be registered and thereafter proceed with the case for investigation.