The court's decision highlighted the importance of considering the nature and gravity of the accusations, the antecedents of the accused, and the impact of grant of anticipatory bail in balancing the need for a fair investigation with the prevention of harassment and unjustified detention of the accused.

JUDGMENT

Shivashankar Amarannavar, J. - This criminal petition is filed by the petitionersaccused Nos.1 and 2 under Section 438 Cr.P.C. praying to release them on anticipatory bail in Crime No.101/2020 of Cowl Bazar Police Station, Ballari for the offences punishable under Sections 354(A), 354-D, 334, 506, 354- C, 354-B, 509, 341, 307, 355, 504, 448, 323, 354, 324, 443 R/W 34 OF IPC.

2. The case of the prosecution is that one Smt.Venkatalakshmi alleging that she and her daughter are residing at Door NO.10, D-Block, Veeranagoda Colony, besides Ballari Club, Ballari. It is alleged that on 09.07.2020 at about 8.00 a.m the petitioner No.1/accused No.1-herein and the accused No.4 conspiring rushed into her house while she was alone in the house abused in filthy language, tried to put a lock to her house and when she obstructed they put a lock from her outside to the two gates and wrongfully constrained her for that the complainant and her daughter have advised to behave properly and informed the same to Police control room seeking help. The said persons have tried to drive out the complainant from their house, wrongfully confined and at that time the daughter of the complainant was not there in the house and she had been to market and inspite of complaint no one has come for help. When the daughter of the complainant has come to the house and when she attempted to rescue her mother the accused No.3 has obstructed the complainant and her daughter and abused the daughter in vulgar language and attempted to assault her. When the complainant has come to rescue her daughter the accused No.3 pushed her on the ground and when daughter Jyothilakshami has tired to catch the scene in the mobile phone accused No.3 started to cry and shouted in loud voice by making false allegations, sat on the road and alleged that she has been assaulted by the complainant party and inflicted the injury by herself went to the house of neighbors and where the accused No.4 was hiding and advising for to act as per his dictation. At 10.15 a.m when the complainant was alone in the house the petitioner No.1-accused No.1 herein has jumped the compound wall, held the daughter of the complainant assaulted with chappal and assaulted complainant and the petitioner No.2 jumped the compound wall and assaulted the complainant and her daughter and abused in filthy language. In that galata they pushed and pulled the cloth of the complainant and her daughter and the petitioner No.1 attempted to commit the rape on the daughter of the complainant and outraged the modesty and the petitioner No.1 and 2 tired to kill the complainant and petitioner No.1 has snatched the mobile phone of the complainant's daughter. They have also threatened the complainant and her daughter to vacate the house or else they would be killed and they will confine them in the house bearing door No.10 Veeranagouda colony belongs to the daughter of the complainant and she has filed the suit in OS No.3/2020 on the file of the learned II Addl. Civil Judge and JMFC at Ballari against the accused No.3 and against the petitioner No.1 herein and in that case she obtained the injunction order. When the complainant and her daughter has reached the VIMS where also the goons of the accused persons have followed them and threatened the hospital authorities and obstructed in getting the medical treatment and accused no.4 has instructed not to give treatment to the complainant party. Entire incident has taken place at the instance of the accused No.4 and apart from them the neighbors have conspired to assault the complainant party. It is also alleged that accused No.4 has demanded Rs.50,00,000/- if the complainant party live peacefully or else he will kill the complainant and her daughter. Based on the complaint a case came to be registered in Crime No.101/2020 of Cowl Bazar, Police Station for the aforesaid offences. Petitioners have filed bail application under Section 438 of Cr.P.C. apprehending arrested and the same