IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2828 OF 2017 BETWEEN:
1. Ramesha alias Suresha Son of Dyavappa Aged about 45 years, 2. Thammaiah Son of Veerappaji Aged about 50 years, 3. Shiva Son of Rajappa Aged about 25 years, 4. Dyavappa Son of Somappa Aged about 80 years, 5. Shivaprakash alias Manja Son of Naganna Aged about 32 years, 6. Rajappa Son of Dyavappa Aged about 65 years, 7. Revanna Son of Verappaji Aged about 40 years, All petitioners are residents of Kabbur Village, Hallimysore Hobli, Holenarasipura Taluk, Hassan District. …Petitioners (By Sri.Irfana Nazeer, Advocate) AND:
State by Holenarasipura Rural Police Represented by SPP High Court of Karnataka, Bangalore – 560 001. …Respondent (By Sri.Chetan Desai, HCGP ) This Criminal Petition is filed under Section 439 of Cr.P.C, praying to enlarge the petitioners on bail in Crime No.211/2016 of Holenarasipura Rural P.S, Hassan District for the offence P/U/S 109, 143, 144, 147, 148, 341, 326, 307, 302, 114 read with 149 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 Government Pleader for the respondent.
2. Learned counsel for the petitioners submit that petition so far accused Nos.1 to 3 and accused Nos.5 to 7 may be dismissed as not pressed with liberty for them to move fresh bail petition before the Sessions Court after the statement of material witnesses are recorded.
3. So far petitioner No.4 is concerned, this petitioner is aged 80 years and is suffering from age related ailments. Hence he may be enlarged on bail.
4. The statement of the learned counsel is placed on record. Perused the copy of the out patient record pertaining to petitioner No.4. Without touching upon the merits of the case, it is felt that considering the present health condition of petitioner No.4, since no criminal antecedent is shown against him, there is no impediment to allow the petition.
Accordingly, the petition is partly allowed. Petitioner No.4 – Accused No.4 is enlarged on bail in Crime No.211/2016 of respondent-police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the concerned court.
(ii) He shall attend the court regularly on all hearing dates.
(iii) He shall not threaten or prevail upon the prosecution witnesses.
The petition in respect of petitioners–accused Nos.1 to 3, 5 to 7 is dismissed as not pressed and liberty as sought for by the learned counsel for the petitioners is reserved.
Sd/- JUDGE UN