Petitioner Nos.1, 2 and 5 in crime No.14/2023 registered

by Nayakanhatti Police Station, Chitradurga for the offences

punishable under Sections 143, 147, 148, 323, 324, 354C, 504,

506 and 149 of the Indian Penal Code, 1860 ('the IPC' for

short) are before this Court under Section 438 of the Cr.P.C.

Heard the learned counsel appearing for the parties.

On the complaint of Smt. Choudamma W/o Eshwar

dated 01.02.2023 FIR in crime No.14/2023 was registered for

the aforesaid offences against the petitioners and three others.

In the complaint, it is alleged that on 01.02.2023 at about 2.45

p.m. when the complainant was in the washroom, accused No.1

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had peeped inside and when the complainant confronted him,

accused No.1 allegedly abused her using filthy language.

Thereafter, complainant informed about the incident to her

husband. When the complainant's husband enquired with

accused No.1, accused No.1 and his friends, who are accused

Nos.2 to 6 allegedly assaulted complainant's husband and also

abused him. Thereafter, on the very same day, at about 5.40

p.m., accused persons once again assaulted the relatives of the

complainant and also abused them. It is in this background the

complainant had approached the police station. Apprehending

arrest

in

the

said

case,

the

petitioners

had

filed

Crl.Misc.No.638/2023 before the Court of Ist Additional District

and Sessions Judge at Chitradurga, which was dismissed on

07.06.2023, as against them. Under these circumstances, the

petitioners are before this Court.

4.

The learned counsel appearing for the petitioners

submit that accused Nos.4 and 6 as against whom there are

identical allegation have been already granted anticipatory bail

by the Sessions Court. He submits that petitioners are all

youngsters and prays to allow the petition.

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5.

Per contra, learned HCGP opposes the bail petition.

6.

From the perusal of the complaint averments it is

seen that the allegation that would attract Section 354(C) of

the IPC is only against petitioner No.1/accused No.1. In the

incident that had taken place thereafter, the other accused

persons have participated. Insofar as the other accused

persons are concerned allegation is that they have abused and

assaulted the complainant, her husband and her relatives. As a

result of such assault, nobody has suffered any grievous

injuries. Accused Nos.4 and 6 as against whom there are

allegations of abusing and assaulting have been already

granted anticipatory bail by the learned Sessions Judge.

Petitioner Nos.2 and 3 / accused Nos.2 and 5 are similarly

placed to accused Nos.4 and 6. Under these circumstances, I

am of the view that the case of petitioner Nos.2 and 3 /accused

Nos.2 and 5 for grant of anticipatory bail can be considered,

but petitioner No.1/accused No.1 as against whom there are

allegations which would attract Section 354(C) of the IPC, is

not entitled for the discretionary relief of anticipatory bail.

7.

Accordingly, the following

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ORDER

Criminal petition is partly allowed. Petition is dismissed

insofar as it relates to petitioner No.1 and allowed insofar as it

relates to petitioner Nos. 2 and 3 /accused Nos.2 and 5. The

respondent - Police or any other police in the State of

Karnataka are directed to release the petitioner Nos.2 and 3

/accused Nos.2 and 5 in the event of their arrest in Crime

No.14/2023 registered by Nayankanhatti police station for the

offences punishable under Sections 143, 147, 148, 323, 324,

354C, 504, 506 and 149 of the IPC, subject to the following

conditions:

Petitioner Nos.2 and 3 shall execute a

personal bond for a sum of Rs.1,00,000

(Rupees One Lakh only) with two sureties for

the

likesum

to

the

satisfaction

of

the

investigating officer.

Petitioner Nos.2 and 3 shall regularly appear

before the Trial Court without fail unless

exempted by the Trial Court for valid reasons.

Petitioner Nos.2 and 3 shall not tamper with

the prosecution witness and they shall co-

operate with the police