The main legal point established in the judgment is that the grant of anticipatory bail is subject to stringent conditions, especially when the accused is not directly implicated in the alleged offences and has mitigating factors such as age and health issues.

JUDGMENT

1. This petition is filed by accused No.20 under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.166/2022 of Kakati Police Station registered for the offences punishable under Sections 143, 147, 148, 302, 307 and 323 read with Section 149 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).

2. The case of the prosecution is that, on 19.06.2022 one Smt. Pooja W/o Satish Patil lodged a complaint before Kakati Police Station, Belagavi stating that she is resident of Goundwad village residing along with her husband by name Satish Patil (deceased). That her husband is the owner of Medical shop situated at Bauxite road, Belagavi and they have two children. It is further stated that on 18.09.2022 at about 8:30 p.m, complainant along with one Sonam Patil and other women had assembled at Lakshmi Temple for meeting in regard to women association and that one Yadav Yallappa Patil of their village has a provisional store situated near Bhairavnath temple. It is further stated that accused No.2- Aranav Anand Kutre came in his Innova car to park it near the provisional store belonging to Yadav and at that time, Yadav told the accused No.2-Aranav not to park his car near his shop since his shop is still open and further asked him to park it once the shop is closed. Due to which, said Aranav Kutre-accused No.2 picked up quarrel with him and they both started abusing each other loudly. It is further stated that on hearing the noise, accused No.1-Anand Kutre, accused No.5-Shashikala Kutre and accused No.6-Laxmi Venkat Kutre came out even the complainant came near the said provisional store along with Sonam Yadav Patil, Suman Gangaram Patil, Leela Gundu Pingat, Rekha Madhu Pawar, Roopa Bahurao Pawar and at that time, the said accused No.2-Aranav Kutre and accused No.1-Anand Kutre were quarreling with Yadav Patil in connection with parking of car. It is further submitted that the complainant and others tried to console but they did not stop quarreling. It is further stated that at that time, the other accused persons i.e, accused No.9-Venkat Kutre, accused No.10-Siddappa Mutagekar, Accused No.11-Daulath Mutagekar, accused No.3- Jayappa Niljakar, accused No.2-Surekha Nilajakar, accused No.8-Sanjana Nilajakar, accused No.4-Mahantesh Nilajakar, accused No.15-Lakan Nilajakar, accused No.12-Vasanth Patil, accused No.13-Sanjay Kutre, accused No.14-Sangeeta Kutre, accused No.16-Kedari Patil, accused No.17-Prema Patil, accused No.18-Bharath Patil, accused No.19-Maruti Patil, accused No.20-Topanna Patil(Petitioner herein), accused No.21-Gajanan Birje, accused No.22-Parashuram Mutagekar, accused No.23- Kallappa Astekar, accused No.24-Mahesh Sambrekar and accused No.25-Basavanth Mutagekar together started quarreling with Yadav Patil. It is further submitted that the complainant and their association of women tried to console them again and at that time, it was about 9:00 p.m. It is further stated that at that time, the husband of complainant-Satish S/o Rajendra Patil (deceased) also came near them and enquired and to which, the complainant revealed about the incident. At that time, her husband-Satish (deceased) told them not to fight and further told that if they have any complaints to approach Police Station and lodge a complaint and to which, accused No.1-Anand Kutre, accused No.2-Aranav Kutre and 22 other persons picked up quarrel asking him to lodge a complaint and they would look after the consequences and it is further alleged that one Nandu Siddappa Nilajkar (injured) came to console and then, said Anand-accused No.1 and Aranav-accused No.2 started abusing Satish (deceased) stating that he would always interfere in all the matters and that he would come to educate us and later told accused No.5-Shashikala to get the knife and accused No.5-Shashikala brought the knife and gave it to Anand-accused No.1. It is further alleged