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.1207 OF 2017 BETWEEN:
1. SRI. DAYANANDA S/O ANNI MOOLYA AGED ABOUT 35 YEARS, R/AT: KUREDDU HOUSE, PERADI VILLAGE, BELTHANGADY TALUK.
2. SRI. SATHISH S/O ANNI MOOLYA AGED ABOUT 37 YEARS, R/AT: KUREDDU HOUSE, PERADI VILLAGE, BELTHANGADY TALUK. …PETITIONERS (BY SRI. DEEPAK .J, ADV.) AND:
THE STATE BY VENOOR POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001. …RESPONDENT (BY SRI. CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Cr.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.
NO.58/2016 OF VENOOR POLICE STATION, DAKSHINA KANNADA, FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. The petitioners are charge sheeted by the respondent police in their Crime No.58/2016 in respect of the offence under Section 302 r/w 34 of IPC.
3. The case of the prosecution is, the petitioners had differences with the deceased in respect of the family property and sharing the water from the well belonging to the family. On the night of 22.4.2016. they entered into confrontation with the deceased and inflicted blows on him, however on the interference of CW2 and CW3 they restrained. Again at 8.00 p.m. they approached the deceased near his house. The accused No.1 inflicted blows on him and the petitioner No.2 assaulted with a coconut leaf stalk. Therefore, the petitioners were suspected in the complaint filed by the wife of the deceased. The statement of the eye witnesses was recorded on 24.4.2016. Perused the post mortem report. The cause of the death is said to be due to cranio cerebral injuries as a result of blunt force trauma. The veracity of the evidence of the eye witnesses is yet to be decided during the trial. Petitioners having not been attributed criminal antecedents, there is no impediment to enlarge the petitioners on bail. Accordingly, I pass the following:
ORDER Petition is allowed. Petitioners are enlarged on bail in connection with Crime No.58/2016 registered by the respondent Police for the offence punishable under Section 302 r/w Section 34 of IPC, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one local solvent surety for the likesum to the satisfaction of the trial Court.
(ii) They shall attend the concerned Court on all the future dates of hearing punctually.
(iii) They shall not threaten or terrorize the prosecution witnesses in any manner.
Sd/- JUDGE KLY/