Heard Sri. Srinand A. Pachhapure, learned

counsel for petitioners, Smt. Girija S.Hiremath,

learned High Court Government Pleader for the

respondent No.1-State and Shri. Sandesh Chouta,

learned Senior Counsel representing Shri. Avinash

M. Angadi, for the complainant. Perused the records.

- 3 -

2.

The present petition is filed under Section

438 of Cr.P.C. with the following prayer :-

"WHEREFORE, it is respectfully prayed

before

this

Hon'ble

Court

to

grant

anticipatory

bail

the

petitioners/accused

Nos.1, 4, 7 and 8 in the event of their arrest

in Crime No.137/2023 registered for the

offences punishable under Section 143, 147,

148, 323, 324, 307, 448, 427, 504 and 506

read

with

Section

149

of

IPC

by

the

respondent

Ballari

Rural

Police

Station,

pending on the file of Court of III Additional

Civil Judge (Jr. Dn.) and JMFC, Ballari, in the

interest of justice. "

3.

The brief facts of the case are as under:-

3.1. A complaint came to be lodged by Shri. C.

Basavaraja with Ballari Rural Police Station on

27.05.2023

which

was

registered

in

Crime

No.137/2023

for

the offences punishable under

Sections 143, 147, 148, 323, 324, 307, 448, 427,

504 and 506 read with Section 149 of IPC.

- 4 -

4.

Gist of the complaint averments reveal

that on 27.05.2023 at about 3.00 p.m. 15-20

persons including petitioners herein residents of

Halakundi

village,

visited

the

factory

of

the

complainant and in respect of transportation of

sponge iron, picked up the quarrel. At

that

juncture, the altercation turned into an ugly incident

whereby they started assaulting Shri.Manish Agarwal

and he was also mercilessly beaten on parts of the

body including the head with TMT Cutting Strip

Machine. As a result, Shri.Manish Agarwal sustained

grievous injury. The quarrel was pacified and

injured was shifted to hospital. On behalf of VRKP

Sponge and Power Plant L.L.P. Factory, Shri. C.

Basavaraj lodged the complaint with the police

around 8.30 p.m. Police after registering the case

apprehended

few

of

the

persons

and

are

investigating the matter. Accused Nos.2, 3, 5 and 6

have been arrested and they are in judicial custody.

Accused Nos.1, 4, 7 and 8 have approached this

- 5 -

Court for grant of anticipatory bail after their

request was rejected by learned II Additional District

and

Sessions

Judge,

Ballari

by

order

dated

13.06.2023 in Criminal Miscellaneous No.406/2023.

5.

Reiterating

the

grounds

urged

in

the

petition,

Shri.

Srinand

A.

Pachhapure,

learned

counsel for petitioners vehemently contended that

petitioners are innocent of the offences alleged

against them and they have been falsely implicated

in the incident inasmuch as in the complaint itself,

there is a clear averment that 15-20 persons had

come from Halakundi village. The altercation took

place on account of the fact that petitioners were

starving on account of Covid-19 and had no job and

they requested the said factory personal many times

for giving them job on a temporary basis to load the

sponge iron into the lorries and same was negated

by the factory people on number of occasion. At a

spur of moment, an incident has taken place which

- 6 -

is trivial in nature and has been blown out of

proportion and sought for grant of anticipatory bail.

6.

Per contra, learned High Court Government

Pleader opposes the bail grounds vehemently. She

also pointed out that accused persons have taken

law into their hands and has assaulted Shri. Manish

Agarwal on his head with deadly weapon resulting in

grievous injury and petitioners are absconding from

the date of offence and therefore investigation is

crippled to a considerable extent and sought for

rejections of the bail.

7.

Shri.

Sandesh

Chouta,

learned

Senior

Counsel representing Shri. Avinash M. Angadi for the

defacto

complainant

placing

reliance

on

the

judgment of the Hon'ble Apex Court in the case of

Jagjeet Singh and Others Vs. Ashish Mishra @ Monu

and

another

reported

in

2022

(9)

SCC

321,

contended that the scope of victimology is being

widened day by