IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9286 OF 2018 BETWEEN:
1. RAVI S/O SHIVAPPA AGED ABOUT 36 YEARS 2. KUMARA S/O HANUMANTHAPPA AGED ABOUT 37 YEARS 3. RUDRAPPA S/O SHIVAPPA AGED ABOUT 45 YEARS 4. SHIVARAJ S/O CHANDRAPPA AGED ABOUT 26 YEARS ALL ARE AGRICULTURISTS R/O GARAGA VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT – 577 213 ...PETITIONERS (BY SRI M.R.BALAKRISHNA, ADV.) AND THE STATE BY CHANNAGIRI POLICE STATION DAVANAGERE REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., 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.451/2018 OF CHANNAGIRI P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 323, 324, 448, 307 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 to 5 in Crime No.451/2018 of Channagiri Police Station. The said case was registered against the petitioners and accused No.1 for the offences punishable under Sections 143, 147, 148, 448, 149, 307, 324, 323 of Indian Penal Code on the basis of the complaint of one G.S. Mohan Kumar.
2. Complainant and accused No.1 are brothers.
It is alleged that on 04.11.2018 at 9.30 p.m., accused formed unlawful assembly, trespassed into the house of the complainant and assaulted the complainant and his mother with sickle and chopper. It is further alleged that accused assaulted the complainant on his head with sickle and attempted to commit his murder.
3. Though in the complaint, it is stated that all the accused assaulted with sickle, as per the statements of the eye-witnesses, it was the first accused who assaulted the complainant with sickle. As per the wound certificate, the injuries suffered by the complainant are simple in nature. There is delay in filing the complaint and delivering the FIR to the Court.
4. As per the statements of the eye-witnesses, petitioners assaulted the complainant with hands. Though the complaint states that complainant’s mother was also injured, her medical examination is not conducted. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.451/2018 of Channagiri Police Station, subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR