GAFOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.94/2019 of Sindagi Police Station, for the offences punishable under Sections 143 , 147 , 148 , 109 , 323 , 326 , 307 , 363 , 504 and 506 read with Section 149 IPC.

(2.) On the complaint filed by one Nabilal s/o Bandagisab Nadaf of Hanchinal, Taluk Sindagi, respondent police have registered the case. The allegations are that on 25.02.2019 evening at about 5:00 p.m., accused No.2/Gafoor s/o Imamsab Walikar picked up quarrel with the complainant saying that all children of complainant are born to him as he is having relationship with his wife. When the complainant informed about the same to elder brother of the complainant, he did not care to take necessary action instead he has told the complainant that he has left his brother for doing such acts and further informed he has told his brother to take away wife of the complainant. Later on 02.03.2019 morning at 8:30 a.m. when the complainant's sister Surayya w/o Hussainsab Nadaf went to the house of complainant, accused No.2 namely the petitioner No.1 and wife of the complainant were sleeping together. In the meanwhile, all the accused persons assembled at the said place and assaulted the complainant. Accused No.8 namely petitioner No.2 assaulted the complainant with the rod. Thereafter, all accused have fled away from the spot in Bolero Pick-up vehicle along with the complainant's husband.

(3.) Learned counsel for the petitioners submitted that the allegations made against the petitioners are false and baseless. Accused Nos.1, 3 to 7 and 9 to 10 have been granted anticipatory bail. In the event of arrest and detention, these petitioners would be put to hardship and injustice.