IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.5143/2017 C/W CRIMINAL PETITION NO.5144/2017 IN CRL.P. NO.5143/2017 BETWEEN:
SRI MADE GOWDA @ MAHADEVA S/O GANGAIAH @ CHIKKAGANGAIAH AGED ABOUT 36 YEARS R/AT SOMEGOWDANAPALYA VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT – 572 130. …PETITIONER (BY SRI SUDARSHAN L., ADV.) IN CRL.P. NO.5144/2017 BETWEEN:
SRI SHANKARALINGE GOWDA S/O NANJAPPA AGED ABOUT 23 YEARS R/AT ALKERE VILLAGE HULTHRIDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT – 572 130. …PETITIONER (BY SRI SUDARSHAN L., ADV.) AND:
STATE BY KUNIGAL POLICE STATION KUNIGAL REP. BY S.P.P BENGALURU – 560 001. ...RESPONDENT (COMMON IN BOTH PETITIONS) (BY SRI CHETAN DESAI, HCGP.) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.284/2017 OF KUNIGAL POLICE STATION, TUMAKURU, FOR THE OFFENCES P/U/S 323, 324, 504, 307 R/W 149 OF IPC.
THESE CRIMINAL PETITIONS 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 are arraigned as accused persons by the respondent-police in their Cr.No.284/2017 registered in respect of the offences under sections 323, 324, 504, 307 r/w section 149 of IPC.
3. Learned counsel for the petitioners submits that the petitioners are in custody since May 2017. They are accused Nos.2 and 1 respectively in the FIR.
4. The allegation is, in pursuance of their previous enmity against the complainant, A-1 and A-2 abused him filthily. Their family members also joined them. A-1 assaulted the complainant with a chopper and caused bleeding injury. The complainant’s son who rushed to the spot to save his father was also not spared. His wife was manhandled etc.
5. Learned counsel for the petitioners submits, the injured was treated as an in patient in the hospital for four days and he is discharged. There is a property dispute between the complainant party and the accused party. Counter case is filed by the uncle of these petitioners against the complainant herein.
Having regard to the nature of the allegation, continued judicial custody of these petitioners for the purpose of further investigation is not warranted.
Hence, the petitions are allowed. Petitioners are enlarged on bail in Crime No.284/2017 of respondent- police, subject to the following conditions:
(i) They shall execute a self bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the concerned Court.
(ii) They shall not approach the complainant and his family members for any reason and shall not terrorize them.
(iii) They shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE