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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF SEPTEMBER 2020

BEFORE

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

CRL.P.NO. 4412 OF 2020

BETWEEN:

1. SIDDAPPAJI

S/O. KAMBAIAHA,

AGED ABOUT 60 YEARS,

R/AT: HULIKATTE VILLAGE,

CHAKRABHAVI POST,

MADABALL HOBLI,

MAGADI TALUK,

RAMNAGARA, DISTRICT- 562 120..

2. ANIL KUMAR. H.S

S/O SIDDAPPAJI,

AGED ABOUT 32 YEARS,

R/AT: NO.6, OPPOSITE TO PETROL BUNK,

RAMAPPA LAYOUT, PUTTENAHALLI,

J.P. NAGAR 7^TH STAGE,

BANGALORE – 560 078.

….PETITIONERS

(BY Y.R. SADASHIVA REDDY, SENIOR ADVOCATE

FOR SRI SUDHANVA D.S., ADV.)

(THROUGH VIDEO CONFERENCE)

AND:

THE STATE BY MAGADI P.S.,

REP BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

BANGALORE – 560 001.

…RESPONDENT

(BY SRI ABHIJITH K.S., HCGP)

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THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C. BY THE

ADVOCATE FOR THE PETIITONERS PRAYING TO ENLARGE THE

PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN

CR.NO. 157/2020 REGISTERED BY MAGADI POLICE STATION,

RAMANAGARA FOR THE OFFENCE P/U/S 323,327,341,354(B),

427, 504, 506 R/W 34 OF IPC.(II) THE I ADDITIONAL DISTRICT

AND SESSIONS JUDGE, RAMANAGARA HAS REJECTED THE BAIL

PETITION ON 05.09.2020 IN CRL.MISC.NO.434/2020.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT, MADE THE FOLLOWING:

O R D E R

Heard learned senior counsel for petitioners through

Video Conference and learned HCGP for respondent-State,

who appeared in person.

2.

Petitioners, who are arraigned as accused nos. 2

and 3 in Cr.No.157/2020 registered by Magadi Police

Station for the offences punishable under Sections 323,

327, 341, 354(B), 427, 504 and 506 of IPC, have filed this

petition under Section 438 of Cr.P.C. seeking anticipatory

bail.

They have stated that earlier, their application under

Section 438 of Cr.P.C. filed before the I Addl. District &

Sessions Judge, Ramangara in Crl. Misc. No.434/2020 was

rejected on 05.09.2020.

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3. Learned Senior counsel for the petitioners

submitted that it is the case of the prosecution that one

Baby, daughter of Narasimamurthy lodged a complaint with

Magadi Police Station, alleging that on 29.08.2020, at about

9.30 a.m., she was taking her cattle for feeding water. On

the way, the cattle brushed along the flower plants, planted

by Gangamma. In that regard, Anil Kumar son of

Siddappaji, and the brothers of Gangamma rushed to

Jayamma’s house and assaulted her and Gundurao, her son

causing bleeding injuries. They also damaged the doors and

windows of her house. When Gundurao opposed, they were

locked up inside the house and abused using filthy

language. The accused also pulled out the Mangalya chain

of Jayamma and threw it away. By, threatening to do away

with their life and locking them inside their house prevented

them from lodging a complaint.

However, the complaint was

lodged at about

6.45 p.m., on the same day by explaining the delay.

Thereafter Magadi police registered the complaint against

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the petitioners in Cr.No.157/2020 for the aforementioned

offences.

It is submitted by the learned senior counsel that the

complaint registered against the petitioners is a counter

blast

to

the

complaint

filed

by

the

petitioners

in

Cr.No.156/2020 registered on the same day at 13.30 hours

and with a view to pressurize them for a compromise. It

was submitted that petitioner No.1 is a senior citizen and a

differently abled person; whereas petitioner No.2 is a

practicing advocate and they have been falsely arraigned,

for ulterior purposes.

It was also submitted that the complaint though filed

alleging other bailable offences, Section 327 and 354-B of

IPC have been included only with an intention to involve

the petitioners in non-bailable offences even though

complaint does not contain the necessary ingredients to

fulfill the requirements of the provisions. It was submitted

that the petit