IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7694 OF 2019 BETWEEN:
1. SRI MOHAN S/O.KRISHNAPPA AGED ABOUT 32 YEARS 2. NARAYANASWAMY S/O.LATE MOTAPPA AGED ABOUT 48 YEARS 3. SRI.ANANDA S/O.RAJAPPA,AGED ABOUT 34 YEARS 4. SRI.RAVI S/O.NARAYANAMMA AGED 32 YEARS 5. SMT.LAKSHMAMMA W/O.KRISHNAPPA, AGED ABOUT 45 YEARS 6. SMT.CHINNAMMA W/O.NARAYANASWAMY AGED ABOUT 42 YEARS ALL ARE R/AT HUGALGERE VILLAGE KASABA HOBLI, MALUR TALUK-563 130. … PETITIONERS (BY SRI.VEERANNA G.TIGADI, ADV.) AND:
THE STATE OF KARNATAKA REP. BY SUB-INSPECTOR OF POLICE MALUR POLICE STATION KOLAR DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001. ... RESPONDENT (BY SRI.HONNAPPA, 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.221/2019 OF MALUR P.S., KOLAR FOR THE OFFENCE P/U/S 143, 323, 302, 149 OF IPC AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. Petitioners are arraigned as accused Nos.1 to 6 in Crime No.221/2019 of Malur Police Station for the offence punishable under Sections 143, 323, 302, 149 of Indian Penal Code, 1860.
3. Learned counsel for the petitioners submitted at the time of arguments that accused Nos.1, 3 and 4 were already arrested and they were released on bail by the Sessions Court in Crime Misc. No.745/2019.
4. Brief facts of the case are that a person by name Harish of Huralagere Village, Malur Taluk lodged a complaint stating that on 24.09.2019 at about 7.30 am, there was rain in the said village. They had stored some mud near their house. At about 8.30 pm, all the accused persons gathered there and they were removing the said mud which was put by the complainant in support of his wall. At that time, father of complainant by name Venkataramanappa went there to question the accused persons. In that context, it is alleged that accused persons have assaulted him and kicked him with their legs, due to which the said person lost consciousness and later he died. Accused nos.5 and 6 are females and there is no specific allegations made against them. Therefore, under the above said circumstances, he submits that petitioners 5 and 6 are entitled for grant of bail. However, at this stage, learned counsel for the petitioners seek leave of the Court to withdraw petition in respect of petitioner No.2.
5. Therefore, petition so far as petitioner no.2 is concerned is dismissed as withdrawn with liberty to approach the competent Court for grant of regular bail. Hence, the following:
ORDER The petition is partly allowed. Consequently, Petitioner Nos.5 and 6 shall be released on anticipatory bail in the event of their arrest in connection with Crime No.0221/2019 of Malur Police Station subject to the following conditions:-
i) Petitioner Nos.5 and 6 shall be released on bail on their surrendering before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bonds for sum of Rs.1,00,000/- (Rupees one lakh) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner Nos.5 and 6 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner Nos.5 and 6 shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioner Nos.5 and 6 shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
Petition insofar as petitioner No.2 is dismissed as withdrawn. Petition in so far as petitioner Nos.1,3 and 4 is also dismissed as not pressed. In view of the disposal of the main petition, I.A.1/2019 does not survive for consideration. Hence, I.A.1/2019 is dismissed.
brn Sd/- JUDGE