ORDER

This petition is filed by the petitioner under Section

438 of the Code of Criminal Procedure, 1973 (for short hereinafter referred to as 'Cr.P.C') seeking anticipatory bail in the event of his arrest in C.C.No.6723/2022 pending on the file of learned Principal Civil Judge, J.M.F.C., Davanagere, arising out of Crime No.163/2022 of Davanagere Extension Police Station.

2. The brief factual matrix leading to the case are that on 21.08.2022 at 3.00 p.m. a Kabbadi tournament was arranged and organized in Davanagere sports stadium for school children. It is further alleged that when the complainant was witnessing the said game, accused Nos.1 and 2 and other accused who were standing on either side, were pushing him from one side to other side. When he questioned the petitioner and other accused, he was abused in vulgar language and quarrel took place. When the complainant resisted the same, he was assaulted by the petitioner and other accused. Subsequently, complainant being scared, escaped from the said place and he was proceeding towards Dental College Road. It is the contention of the prosecution that the present petitioner along with other accused chased him in Auto Rickshaw caught hold him at Dental College Road and fisted on his face and forcibly kidnapped him by putting him in the Auto Rickshaw. It is further the case that in the Auto Rickshaw they also smashed his head to the rod of the Auto Rickshaw, thereby caused injuries to him. Further according to the prosecution, the complainant was taken to a vacant place in Tolahunase Village and again he was fisted on his face and was hit with an iron rod. When Pradeep Kumar intervened, he was also assaulted and was threatened and thereafter he fled away. According to the prosecution then the complainant was confined in a temple till evening at 6.00 clock. Later on the villagers intervened and directed the petitioner and the other accused to admit the complainant to the hospital and they unlocked the temple gate and went away. As such a complaint case to be lodged.

3. The petitioner apprehending his arrest has filed a petition in Crl.P.No.9793/2022 seeking anticipatory bail. This Court by order dated 14.11.2022 rejected the bail petition on the ground that the identification period is required and petitioner is absconding and he has not co-

operated in the investigating agency.

4. Subsequently, the investigation was concluded and charge sheet came to be submitted for the offences punishable under Sections 143, 144, 147, 148, 504, 323, 363, 325, 326, 307, 342 R/w Section 149 of IPC. The petitioner who is arraigned as accused No.1 is shown to be absconding. In the charge sheet, the Investigating Officer has also sought leave of the Court to submit supplementary charge sheet as against accused Nos.1, 2 and 4 to 11 who are absconding. Petitioner No.1 is accused No.1 in the charge sheet.

5. After the submission of the charge sheet, the petitioner again approached the learned Sessions Judge seeking anticipatory bail and the learned Sessions Judge has rejected the same. Hence, he is before this Court by way of successive anticipatory bail petition.

6. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent/State. Perused the records.

7. The learned counsel for the petitioner would contend that the earlier anticipatory bail petition was rejected on the ground that investigation is concluded and as of now, the investigation is concluded and charge sheet has been laid down. Hence, he would contend that there is no impediment for admitting him on anticipatory bail. He would also invite the attention to the medical records to show that he was also assaulted and he did suffer injuries in the said incident itself. He also undertakes to abide by the terms and conditions to be imposed by this Court. 8. Per contra, learned High Court Government Pleader would seriously objected the bail petition on the ground that this is a successive anticipatory bail pet