IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6333/2017 BETWEEN 1. CHANDRU S/O MOOGEGOWDA 34 YEARS R/A KABBALAGEREHUNDI VILLAGE, NANJANGUD TALUK MYSURU – 571 301 2. KRISHNA S/O MOOGEGOWDA R/A KABBALAGEREHUNDI VILLAGE, NANJANGUD TALUK MYSURU – 571 301 3. SOMA S/O MOOGEGOWDA 32 YEARS R/A KABBALAGEREHUNDI VILLAGE, NANJANGUD TALUK MYSURU – 571 301 4. RAJASHEKAR S/O SHIVANNA 25 YEARS R/O HALLIDDIDDI VILLAGE CHIKKAIAHNA CHATRA HOBLI NANJANGUD TALUK MYSURU DISTRICT – 571 301 5. SMT. KUMARI W/O SHIVARAJU 31 YEARS R/A KABBALAGEREHUNDI VILLAGE, NANJANGUD TALUK MYSURU – 571 301.
(BY SRI.NAGARAJA R.C., ADVOCATE) AND STATE BY BILIGERE/BADANAVALU POLICE STATION, NANJANAGUD TALUK REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001 (BY SRI.S.VISHWAMURTHY, HCGP) ... PETITIONERS ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.118/2017 OF BILIGERE POLICE STATION/BADAVANVALU WHICH IS REGISTERED FOR THE OFFENCE P/U/S 341, 323, 307 AND 114 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Crime No.118/2017 registered in respect of the offences punishable under Sections 341, 323, 307 and 114 r/w 34 of IPC.
3. The allegation is that over a property dispute between the 5th petitioner who is none other than the sister-in-law of the complainant, the accused being her sibling and relatives, attacked the complainant on the road during the day time of 13.05.2017, assaulted him with lethal weapons. The complainant suffered bleeding injuries and was hospitalized.
4. Learned counsel for the petitioners submits that the petition so far as the 3rd petitioner may be dismissed as withdrawn.
5. As per the submission at the Bar, the complainant was hospitalized for seven days and was discharged. Having regard to the nature of the allegation and the history attributed, there is no impediment to allow the petition as far as petitioner Nos.1, 2, 4 and 5 (accused Nos.1, 2, 4 and 5) are concerned. Accordingly, petition is allowed in part. The prayer of accused No.3 (petitioner No.3) is dismissed as withdrawn.
6. Petitioner Nos.1, 2, 4 and 5 are granted anticipatory bail in Crime No.118/2017 registered by the respondent-police subject to following conditions:
i) Petitioner Nos.1, 2 and 4 shall forthwith appear before the respondent-police. In that event, the Investigating Officer is at liberty to interrogate them.
ii) In the event of arrest of accused Nos.1, 2, 4 and 5 they shall be released on bail on executing a self bond for a sum of `50,000/- each with one surety for the like sum.
iii) They shall not threaten the complainant or his family members and maintain themselves as law abiding citizens.
Sd/- JUDGE BS