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.8958/2018 BETWEEN 1.Sri. Chaluvaraju, S/o late Puttaiah Aged about 36 years 2.Sri. Soma, S/o Shivanna, Aged about 30 years, 3.Sri Shankara, S/o Puttasamy, Aged about 28 years 4.Sri Byra, S/o Marichikkaiah Aged about 30 years 5.Sri Mahadevaswamy S/o Chinnamari Aged about 27 years 6.Sri Yogesha, S/o Swamy Aged about 28 years, All are Residents of Harohalli Village, Jayapura Hobli, Mysuru Taluk, Mysuru District – 571109.
(By Sri. Srinivasa D.C, Advocate) ... Petitioners AND:
State of Karnataka By Jayapura Police, Mysuru District,Reptd.
By the State Public Prosecutor, High Court Building, Bangalore – 560001.
(By Sri. K.P.Yoganna, HCGP) …. Respondent This Criminal Petition is filed u/s.438 CR.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.161/2018 of Jayapura Police Station, Mysore District for the offence p/u/ss. 143,147,148,323, 324, 326, 504, 506 and 149 of IPC.
This petition coming on for orders this day, the Court made the following;
ORDER Jayapura police, Mysore District, have registered a case in Crime No.161/2018 against the petitioners for the offences punishable under Sections.143, 147, 148, 323, 324, 504, 506 read with 149 of IPC, on the basis of the complaint of one Shivaraju.
2. It is alleged that on 23/10/2018 at 1.00 p.m. when a meeting was convened by the villagers at Harohalli regarding development of the village, accused No.1 picked up quarrel with the complainant and assaulted him. It is further alleged that when complainant’s brother- Venkatesha and his relatives Nagaraju and Sunil came to rescue him, accused Nos.1 and 2 assaulted victim- Shivaraju with iron rod and club on his legs and other accused assaulted with stones and caused injuries to him.
3. The Sessions Court has rejected the bail application of the petitioners on the ground that Victim- Shivaraju is still under treatment. The petitioners contend that the complainant and his people were illegally selling liquor in the village spoiling the life of the villagers and also causing tragedies in the village. It is alleged that when a Panchayath was convened in the village to address that issue, the complainant and his people along with hired goondas intimidated the elders of the village. In that regard, the petitioners have produced copy of FIR in Crime No.163/2018 registered on the complaint filed by Mahadevappa.
4. Victim Shivaraju was discharged from the hospital on his recovery. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions.
5. The petition is allowed. Petitioners are granted anticipatory bail in Crime No.161/2018 of Jayapura Police Station, Mysore District, subject to 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.25,000/- each and furnish one surety in the likesum to the satisfaction of the Investigating Officer/Court for their appearance.
iii) They shall appear before Investigating Officer/Court as and when required for the purpose of investigation/trial.
Sd/- JUDGE Msu