IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 8TF DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRLPNO.iO493J 2011 Between: Tammanna S/o.Dundappa Hosur, Age 35 years, 0cc,: Agriculture, R/o.Sunadholi Village, Tq.: Gokak, District Belgaum. Petitioner (By Sri.A.S.Patil, Advocate) And: The State of Karnataka, By Kulagod Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Dharwad. Respondent (By Sri.Vinayak Kulkarni, HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking to enlarge on bail who is accused No.22 in Sessions Case No.332/2010 on the file of the Fast Track & Addi. Sessions Court, Hukkeri, sitting at Gokak for the offences p/u/s. 143, 147, 148, 302, 114, 120(B), 504, 506, 109 r/w. 149 of IPC and Sec. 25(1) of Arms Act. This petition coming on for orders this day, the Court made the following: ORDER Heard both sides in respect of the bail sought by the petitioner. who is accused No.22 in Crime No.82/2010 in respect of the offences punishable under Sections 143, 147, 148, 302, 504, 506 and 109 of the IPC and Section 25(1) of the Indian Arms Act. 2. The prosecution case in short is that, the petitioner, who belongs to Kurubar community, and others belonging to other community are said to have assaulted one Sarojini Mirji, who is a member of the Cooperative Society, and this led to a complaint being filed against the petitioner and others and following that complaint, this petitioner and others of the community abused the complainant’s group, who belongs Lingavath community, for having reported the incident to the police and they further told that they would not leave the Lingavath community and they would kill them and accordingly on 25.06.2010 at about 9.00 a,m., when deceased Ravi Kumbar, Basappa, Channappa Koukalagi, Mallaappa Balappa Hatiihole and Shrishail Bhimappa Wali were sitting at the katta of the shop of one Mahesh Angadi in -3- the village, the accused persons came there holding deadly weapons and assaulted the said persons and there was also gun shot and, in the incident, because of the injuries sustained to the said three persons, viz., Ravi Kumbar, Basappa and Mallappa Balappa Hattiholi, they died and others were injured. Therefore, the police have registered the case in Crime No.82/20 10. 3. The submission of the petitioner’s counsel is that, the only overt act alleged against this petitioner is that, he is said to have assaulted on the fingers of deceased Ravi Kumbar with a sickle and therefore, taking note of this, this petitioner be released on bail. 4. The learned High Court Government Pleader has filed common objections in Crl.P.Nos.10493 & 10494/2011, and has referred to the overt acts of each one of the accused persons. 5. Having thus heard both sides, in respect of the overt act alleged, this petitioner is said to have assaulted with a sickle on the fingers of deceased Ravi Kumbar. Taking note k of this into account, this petitioner can also be granted bail by imposing conditions. Hence, I pass the following order ORDER i) Petitioner shall be released on bail on his executing a personal bond for Rs.50,000/- with two sureties for the like sum to the satisfaction of the trial court. ii) He shall not tamper with the evidence and shall not give threat to the prosecution witnesses in am manner. iii) He shall mark attendance before the jurisdictional police station on every Wednesday and Sunday between 10.00 a.m and 5.00 p.m. iv) He shall not involve himself in like offences in future. v) He shall not visit the place of the complainant’s party till the trial is over. 3UDGE 1/np