ORDER

1. These petitions are filed under Sections 438 and 439 of Cr.P.C. seeking anticipatory bail as well as regular bail in Mysuru South Police Station Crime No.298/2023 registered for the offences punishable under Sections 143, 147, 148, 341, 323, 504, 307 read with Section 149 of Indian Penal Code, on the file of Prl. Civil Judge (Sr. Dn.)

CJM Court, Mysuru City.

2. The Crl. P. No.1248/2024 is filed by accused No.1 seeking anticipatory bail, while the Crl.P. No.1256/2024 is filed by the petitioners who are arraigned as accused Nos.6 and 7, seeking regular bail under Section 439 of Cr.P.C.

3. The brief factual matrix leading to the case are as under:

That there were certain issues between accused No.1 and complainant, and in the year 2021, at the time of Ganapati festival, the complainant is said to have assaulted a person who is supporter of accused No.1. It is also alleged that brother of the complainant has also married to a relative of accused No.1 who was studying in B.E. It was a love marriage and as such the relationship was strained. According to the complainant, on 03.12.2023, the complainant along with one Praveen were proceeding on Mysuru Mahadevapura Main Road on a bike at 8.00 p.m. It is further alleged that at that time, Kirana @ Inne and Doreswamy stopped them and stated that accused No.1 Guru wanted to discuss certain issues with the complainant. When the complainant went by the side of the road to meet Guru, he found that, all accused were present there and accused No.1 Guru was holding the dragon while the accused Shekar was holding a knife. When complainant tried to escape, accused Manu, Teja and Nagu caught hold of him and Guru and Shekar assaulted him by dragon as well as knife causing injuries to him. It is also alleged that when Praveen tried to interfere, accused No.1 Guru assaulted Praveen on his neck and caused injuries to him. Then one Basavaraju @ Manchaiah and others pacified all of them. The injured were shifted to hospital and in the hospital, the complaint was recorded. On the basis of the complaint, the petitioners in Crl. P. No.1256/2024 were arrested and were remanded to custody. Apprehending his arrest, the petitioner - accused No.1 Guru is seeking anticipatory bail, in Crl.P. No.1248/2024.

4. Heard the arguments and perused the records.

5. The allegations of prosecution disclose that they were directed against the petitioner Guru who is seeking anticipatory bail along with one Shekar. The allegations disclose that petitioner Guru was holding dragon and he assaulted on complainant as well as on the neck of Praveen. The allegations against the other two petitioners is that one petitioner Kiran i.e. accused No.6 has secured the complainant to the place wherein the assault has taken place, as per the instructions of accused No.1 and other petitioner namely Nagendra @ Nagu was holding the complainant. No specific overt act has been alleged against these two petitioners.

6. Learned High Court Government Pleader would further submit that a rowdysheet is already opened against the accused No.1 Guru. It is further asserted that he was also involved in Crime No.298/2021 for similar offences. It is prima facie evident that petitioner Guru is a habitual offender and already a rowdysheet is opened against him. Further, the allegations of the complaint disclose that specific overt act is alleged against him. However, as against other two petitioners who are in custody, no specific overt act is alleged except that they secured the complainant at the spot and holding him. Learned High Court Government Pleader would contend that they have facilitated the assault but that itself is not a ground to reject their bail as their presence is not required by the investigating agency any further.

7. Considering these facts and circumstances, the anticipatory bail petition filed by the petitioner Guru in Crl.P. No.1248/2024 does not survive for consideration and needs to be rejected. However, the regular bail petition in