This petition is filed by the sole accused under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Gadag Rural Police Station Crime

No.123/2022 registered for the offences punishable

under Sections 323, 353, 504 and 506 of The Indian

Penal Code (hereinafter referred to as the 8IPC9, for

brevity).

2.

The case of the prosecution is that, one

Sri. Martujasab son of Fakirsab Binnal has filed the

complaint stating that he is a practicing advocate at

Gadag Court since 2013 and he has been appointed

as Legal Advisor by Gadag District Legal Service

Authority since 2019 to look after the various

Government Departments work and he is providing

his services in that regard. It is further stated that

during his tenure as a Legal Advisor to Women and

Child Development Department, Gadag, from 2021

- 3 -

October to 2022 January, while discharging his

official duty, one Smt. Bhuvaneshwari W/o Basavaraj

Kukanur

@

Ganiger

filed

complaint

bearing

No.17/2021 on 26.10.2021 against her husband

regarding their matrimonial dispute, at that time,

Conservation Officer called upon the complainant

and conducted enquiry and the present complainant

advised her to lead good life and close the case. It

is

further

stated

that

on

04.06.2022

when

complainant

was

at

Gadag

Court

complex

at

12:30pm,

the

accused

being

the

husband

of

Smt.Bhuvaneshwari, abused him in filthy language

and gave life threat to him. When he questioned the

same, the accused assaulted the complainant on his

back and dragged him saying that the complainant is

trying to separate both husband and wife and

obstructed from performing public duty. At that

time,

advocates

Mailargouda

Patil,

Babusab

Dayammanavar

and

Shivakumarswamy

Hiremath

and staff of Women and Child Development Office,

- 4 -

Kallappa Banavi, resident of Lakkundi, and Syed

Bhasha Makandar resident of Mulgund came to

rescue the complainant, again, the accused went

away by giving life threat to the complainant. The

complainant took first aid in the house. Later, he

informed about the incident to the President of Bar

Association, Gadag and on their advise, he lodged

the complaint. The said complaint came to be

registered in Crime No.123/2022 in Gadag Rural

Police Station for the aforesaid offences. During

investigation, the petitioner came to be arrested on

16.06.2022 and he is judicial custody. The petitioner

filed bail application before the learned JMFC-II,

Gadag and the same came to be rejected by order

dated 22.07.2022. The Bar Association, Gadag, has

resolved not to appear on behalf of the accused and

plead for him since the complainant is an advocate.

None of the advocates at Gadag were ready to

appear for the petitioner. Hence, he approached the

District

Legal

Services

Committee

and

it

has

- 5 -

requested the High Court Legal Services Committee

to

seek

bail

from

this

Court.

Therefore,

the

petitioner is before this Court seeking bail.

3.

Heard

the

arguments

of

the

learned

counsel appearing for the petitioner and the learned

High Court Government Pleader for the respondent-

State.

4.

Learned counsel for the petitioner would

contend

that

the

alleged

incident

occurred

on

04.06.2022 and the complaint came to be filed on

10.06.2022 and there is delay of 6 days in filing the

complaint. It is her further submission that there

are no criminal antecedents of this petitioner and he

is resident of Dharwad. The complainant has not

sustained any injury and even he has not taken

treatment in any Hospital. The offences alleged

against the petitioner are not punishable with death

or imprisonment for life. The maximum punishment

that can be imposed for the offence alleged against

- 6 -

this

petitioner

is

7

years.

It

is

her

further

submission that investigation is completed and the

petitioner is not required for custodial interrogation.

With this, she prayed to allow the petition.

5.

Per contra, learned High Court Government

Pleader

would

contend

that,

the

p