IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6811/2017 Between 1. Sri Muniraju S/o Siddappa, Aged about 45 years, 2. Sri Lokesha S/o Siddappa, Aged about 35 years, 3. Sri Jayaramaiah S/o Siddappa, Aged about 40 years, 4. Sri Udaya S/o Muniraja, Aged about 19 years, 5. Smt. Vijaya W/o Lokesha, Aged about 24 years, 6. Smt. Thimmakka W/o Muniraja, Aged about 30 years, All are Residing at Hosahalli Village, Kasaba Hobli, Magadi Taluk,Ramanagara District.
(By Sri Girish M.K., Adv. For Smt. Rekha. K.C., Adv.) And The State of Karnataka By Magadi Police Station, Magadi, Ramanagara District, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001 (By Sri S. Vishwamurthy, HCGP) ...Petitioners ...Respondent 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 Crime No.230/2017 of Magadi Police Station, Ramanagara District for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506 r/w Section 149 of I.P.C.
This petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners apprehend arrest by the respondent-police in their Crime No.230/2017 registered in respect of the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504 and 506 r/w 149 of IPC.
2. The allegation is, while widening of the road was going on, accused persons attacked the complainant. The 3rd petitioner assaulted on his left forearm with a spade and caused fracture, when his family members attempted to rescue, they were also assaulted with clubs and chopper. The accused have threatened him with dire consequences and further they abused the complainant’s party of implicating in criminal case in respect of the offence under of SC/ST (Prevention of Atrocities) Act, etc.
3. Learned counsel for the petitioners submits that on the complaint of 3rd petitioner-Jayaram, the respondent police registered a case against the opposite party in their Crime No.229/2017, as an afterthought. The complainant, thereafter filed the present complaint. The complainant’s party are granted anticipatory bail by the order of this Court in Crl.P.No.6577/2017 dated 13.09.2017. The weapons allegedly used for commission of the offence are recovered by the Investigating Officer in the police station. The 3rd petitioner suffered head injury and was unconscious for four hours. He was hospitalized for 8 days. If anticipatory bail is granted, they will appear before the Investigating Officer and cooperate with the investigation.
4. Perused the case diary.
5. Having regard to the facts and circumstances, the Petition is allowed. Petitioners are granted anticipatory bail in Crime No.230/2017 registered by the respondent-police, subject to the following conditions:
(1) Petitioner Nos.1 to 4 shall forthwith appear before the respondent- Investigating Officer; and in that event, the Investigating Officer is at liberty to interrogate them.
(2) In the event of their arrest, they shall be enlarged on bail on each of them executing a self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
(3) They shall not threaten the complainant and the prosecution witnesses and maintain themselves as law abiding citizens.
Sd/- JUDGE Mkm*