HARGOVINDBHAI ATMARAM MEWADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant has filed this application under Section 438 of Code of Criminal Procedure for grant of anticipatory bail, apprehending the arrest in connection with I -C.R. No.96/2012, registered at Kalol City Police Station, Kalol (Dist.Gandhinagar), for the offenses punishable under Sections 326, 323, 506(2), 143, 147, 148, 149, & 114 of the Indian Penal Code and Section 135 of the G.P.Act.

(2.) THE dispute appears to have been arisen on account of objectionable and non friendly behavior towards the child of one of the co -accused of 9 years old and of unsound mind. The present accused is maternal uncle of child, whose parents were hurt by the persistent objectionable attitude of the neighbors. It is a case of the prosecution that on the date of incident i.e. on 20.09.2012 heated verbal exchange took place between mother of this boy and the complainants' family. It is the case of the prosecution that at around 8 O'Clock in the evening, parents of the boy and one Chandrakantbhai, who is a maternal uncle and present applicant gathered at the house of the complainant and asked her to open the door. When she opened the door, the co -accused, mother of the boy slapped the lady and she was also manhandled. When she decided to lodge a complaint before the Police of sham acts of the accused, her husband was found approaching his home and by the time he was making an inquiry about the incident, he, too, was given a blow on his head by an Axe by co -accused Dinesh.

(3.) ONLY role attributed to the present applicant is being with the co -accused in scolding the complainant for the misbehavior of the family with the boy of unsound mind. Family of the co -accused appeared to be perturbed by such insensitivity and it has resulted into alleged commission of this offense.