IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3582/2019 BETWEEN:
1. Kumarappa S/o Byrappa Aged about 50 years 2. Manjunatha S/o Channabasappa Aged about 43 years 3. Danappa S/o Kalleshappa Aged about 36 years 4. Umapathi S/o Siddappa Aged about 50 years 5. Shivanna S/o Siddappa Aged about 50 years All are agriculturists and R/at Chikkabbigere village Bharamasagara Hobli Chitradurga Taluk and District -577521 (By Sri Spoorthy Hegade Nagaraj, Advocate) AND:
1. The State by Bharamasagara Police …Petitioners Chitradurga Taluk Rep. by SPP High Court Building Bengaluru – 560 001 2. Thippeswamy S/o Kamplappa Aged about 35 years R/o Chikkabbigere village Bharamasagara Hobli Chitradurga Taluk and District-577521 (By Sri Rohith B J, HCGP for R1) …Respondents 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.318/2018 of Bharamasagara Police Station, Chitradurga District for the offence punishable under Sections 143, 147, 148, 323, 324, 354B, 427, 504 and 506 read with Section 149 of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii) of SC/ST (POA) Act, 1989.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent No.1-State. Perused the records.
2. This Court has granted interim anticipatory bail on 28.06.2019 to the petitioners who are arraigned as accused Nos.12 to 16 in Crime No.318/2018 for the offences punishable under Section 143, 147, 148, 323, 324, 354B, 427, 504 and 506 read with Section 149 of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. This Court has observed while granting anticipatory bail that there was an altercation at the time of incident and no names of the petitioners have been forthcoming in the complaint. Therefore this Court has granted interim anticipatory bail considering that other offences are bailable in nature.
4. There is no need for this Court to deviate from the said observation made by this Court. Therefore interim anticipatory bail is made absolute. However, condition No.1 is modified in the following manner:
The petitioners shall appear before the jurisdictional Court within fifteen days from the date of receipt of copy of this order and execute their personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the concerned Court.
Rest of the conditions are not disturbed.
Sd/- JUDGE Kmv/-