IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8381 OF 2018 BETWEEN:
1. Gangadhara S/o Muniyappa Aged about 43 years 2. Chandrashekar K S/o Chikkahanumaiah Aged about 30 years 3. Manjunath S/o Muniyappa Aged about 38 years 4. Mohan Kumar S/o Hanumaiah Aged about 32 years All are R/o Kolur Village Thavarekere Hobli Bengaluru – 562 130 ... Petitioners (By Sri Prasanna Kumar P, Advocate) AND:
State of Karnataka By Thavarekere Police Station Magadi Circle Ramanagara District Represented by its State Public Prosecutor High Court Building Dr.B.R.Ambedkar Veedhi Bengaluru – 560 001 ... Respondent (By Sri K.P.Yoganna, HCGP) 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 Crime No.298/2018 of Tavarekere Police Station, Ramanagara, for the offences punishable under Sections 323, 307, 506 read with Section 149 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Tavarekere Police Station have registered Crime No.298/2018 against the petitioners and fifth accused Ramesh. The petitioners claim that petitioner No.4 and accused No.5-Ramesh are one and the same and he is called by names Mohan Kumar and Ramesh, both as well.
2. The aforesaid case is registered against the accused for the offences punishable under sections 323, 307 and 506 read with Section 149 of IPC on the basis of the complaint of one Lokesh K.H..
3. It is alleged that on 10.10.2018 at 5.00 pm, near Kolur Bus Stop of Bengaluru South Taluk, the accused formed themselves into unlawful assembly armed with repiece, Bat and cool drinks bottles etc., assaulted the complainant and his younger brother Ramesh and caused them grievous injuries. It is alleged that accused attempted to commit murder of complainant party and criminally intimidated.
4. Regarding the same incident, wife of first petitioner has filed a complaint in Crime No.299/2018 before the respondent-police alleging that the complainant, his brother and father assaulted accused Nos.1 and 2 of the present case with Bat, Wicket and chopper etc., and caused them grievous injuries.
5. Before that on 10.10.2018 itself Muniyappa, the father of present petitioner Nos.1 and 3 -Muniyappa filed a complaint before Magadi police alleging that when he had been to the Court, one Satish and his father Hanumanthaiah assaulted him and caused injuries. The said case was registered in NCR No.195/2018 in Magadi Police Station.
6. It is contended that the complaint in this case is a counter blast to Civil case in O.S.No.59/2014 on the file of the Civil Judge, Magadi, where the father of petitioner Nos.1 and 3 was the witness. The members of both parties have suffered injuries. Who were the aggressors is to be decided on trial.
7. Now all the injured said to have recovered. All the weapons of offence were seized under mahazar.
Under these circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
8. Therefore, the petition is allowed. The petitioners are granted anticipatory bail in Crime No.298/2018 of Tavarekere Police station. If they are arrested in the said case, they shall be released on bail on the following conditions:
(i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bond in a sum of Rs.50,000/- each and furnish two sureties each in the likesum to the satisfaction of the Investigating Officer / Magistrate for their appearance.
(iii) They shall mark their attendance before the Investigating Officer on alternative Sunday of each month till the matter is committed to the Sessions Court.
(iv) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(v) They shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Kmv*