IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.5765 OF 2017 BETWEEN:
1. Sri. Nagaraj H.K. S/o Kallappa Horatti, Aged about 46 years, Occ: Agriculturist, R/a: Attigere Village, Davanagere Taluk – 577 002.
2. Sri. Ravi H.K.
S/o. Kallappa Horatti, Aged about 36 years, Occ: Agriculturist, R/a Attigere Village, Davanagere Taluk – 577 002.
3. Sri. Onkarappa H.M S/o Maheswarappa Horatti, Aged about 50 years, Occ: Agriculturist, R/o. Attigere Village, Davanagere Taluk – 577 002.
4. Sri. Kallappa H.N.
S/o Nandyappa Horatti, Aged about 51 years, Occ: Agriculturist, R/o: Attigere Village, Davanagere Taluk – 577 002. ….PETITIONERS. (By Shri. Chandrashekar G.M., Advocate) AND:
State by Mayakonda Police Station, Rep. by State Public Prosecutor, High Court Building, Bengaluru – 560 001. … RESPONDENT. (By Shri. S. Vishwamurthy, HCGP) This Criminal petition is filed under Section 438 of the Cr.P,.C., praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.85/2017 of Mayakonda Police Station, Davanagere for the offence P/U/S 506, 326, 504, 323, 324, R/w 34 of IPC.
This petition coming on for Orders this day, the court made the following:
ORDER Petitioners are arrayed as accused Nos.1 to 4 in Crime No.85/2017 registered by the respondent-police in respect of the offences punishable under Sections.323, 324, 326, 504, 506 r/w Section 34 of IPC apprehends their arrest.
2. Heard the learned counsel for the petitioners.
3. After arguing sometime, learned counsel for the petitioners submits that in so far as the first petitioner is concerned, petition may be dismissed as not pressed.
4. The above submission is placed on record.
5. The allegation is, against the other accused is concerned, on 20.6.2017, they inflicted blows on the complainant, while he was tilling the land. In all probabilities, the dispute between the parties being civil in nature and there is no impediment to allow the petition.
6. Accordingly, petition is allowed in part. The petitioners are granted anticipatory bail subject to the following conditions;
1) They shall appear before the respondent- investigating officer forthwith.
In that event, the investigating officer is at liberty to interrogate them.
2) In the event of their arrest in Crime No. No.85/2017 of Mayakonda P.S, they shall be released on bail on executing a self bond for a sum Rs.50,000/- each with one surety for the likesum to the satisfaction of the investigating officer.
7. Petition in respect of the first petitioner is dismissed as not pressed.
Msu Sd/- JUDGE