IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JUNE 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.4363/2017 BETWEEN:
1. PARAMESH S/O CHANDRASHEKARAIAH AGED ABOUT 24 YEARS R/AT T.KEMPANAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT – 572 123.
2. BASAVARAJU S/O CHANDRASHEKARAIAH AGED ABOUT 36 YEARS R/AT T.KEMPANAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK, TUMKUR DISTRICT – 572 123. …PETITIONERS (BY SRI M.SHASHIDHARA, ADV.) AND:
STATE OF KARNATAKA BY HULIYURUDURGA P.S. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI S.VISHWAMURTHY, 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 CR.NO.91/2015 OF HULIYUR DURGA P.S., TUMKUR DISTRICT FOR THE OFFENCES P/U/S 504, 323, 324, 307 R/W 34 OF IPC AND SEC.4(1), 4(1A), 21(1) OF MMRD ACT AND RULE 44(1) OF KMMCR RULE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners apprehend arrest by the respondent-police in their Cr.No.91/2017 registered for the offences punishable under sections 504, 323, 324, 307 r/w section 34 of IPC and sections 4(1)4(1A)21(1) of MMRD Act 1957 and section 44(1) of KMMCR Act 1994.
3. The allegation is, in pursuance of the quarrel/altercation that happened on the morning of 9.5.2017, the complainant’s brother suffered injuries to his head. While she was taking her brother in a car to the hospital for treatment, A-2’s son and brother-in-law who were transporting the sand illegally in a tractor intentionally dashed against her car and thereby the inmates of the car suffered injuries.
4. As per the submission at the bar, the present complaint is a measure of a counter blast to the complaint registered by the very same respondent-police on the complaint of Chandrashekaraiah (A-2), father of 1st petitioner (A-4) which is registered in Cr.No.90/2017.
5. On a reading of both the complaints, it probabalizes that the incident was not premeditated. In the given circumstance, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioners are granted anticipatory bail in Cr.No.91/2017 for a period of three weeks. Within the above period, they shall surrender before the concerned Court and move for regular bail. Till disposal of the regular bail petition, this order will be in force. In the event they are arrested by the respondent-
I.O. in respect of the above case within the above period, they shall be enlarged on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum. They shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE