ASHOK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in Crl.Pet.No.102325/2018 has filed petition under Section 438 of Cr.P.C. seeking anticipatory bail and in Crl.Pet.No.102326/2018 the petitioners/accused Nos.4 and 5 have filed petition under Section 439 of Cr.P.C. in respect of Crime No.101/2018 for the offences punishable under Sections 143, 147, 148, 323, 307, 504 and 506 read with Section 149 of IPC.

(2.) The brief facts of the case is that these petitioners along with others daily night used to abuse the complainant by going near the house and making the galata and in spite of the advice given by the elders of the locality, they continued the galata repeatedly and that on 19.10.2018 she went to her parental house and the same was witnessed by her mother-in-law and abused her in filthy language and that time her husband came and took her to her house. On 20.10.2018 in the evening when they were in the house, again started abusing her at around 9.00 p.m. and her husband by opening the latches of the door went and tried to pacify the mother-in-law and at that time one Hulgeppa abused him in filthy language and started assaulting her husband with his hands at that time the petitioner No.1 in Crl.Pet.No.102326/2018 and his friend-Raghu who is petitioner No.2 quarreled with her husband and the said Hulgeppa and these two petitioners held him and at that time the petitioner No.1 in Crl.Pet.No.102326/2018 inflicted the injury to him with knife as a result her husband fallen on the ground and immediately she shifted her husband to the District Hospital, Gadag and thereafter to KIMS Hospital, Hubballi and based on the complaint the police have registered the case.

(3.) The main contention of the petitioner in Crl.Pet.No.102325/2018 is that he has not committed any offences alleged in the complaint and he has been falsely implicated in the case and accused Nos.4 and 5 are already been released and there is no specific allegation against this petitioner and the injured has already been discharged from the hospital and there is no any eyewitnesses and custodial interrogation is not required and he is ready to obey the conditions that may be imposed by this Court to safeguard the interest of the prosecution.