IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 10TH DAY OF’ MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P. NO.10269/2011 BETWEEN: 1. SHRI.FAKIRAPPA, S/O SOMALINKGAPPA KURT, AGE:27 YEARS, 0CC: AGRICULTURE, 2. SHRI.BASAPPA, S/O SOMALINGAPPA KURT, AGE: 25 YEARS, 0CC: AGRICULTURE, BOTH THE PETITIONERS ARE R/O MALLUR, TQ. SAUNDATTI, DIST: BELGAUM. PETITIONERS (BY SRI.NEELENDRA D.GUNDE, ADV.) AND: STATE OF KARNATAKA BY SAUNDATTI POLICE, REP.BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. RESPONDENT (BY SRI.ANAND K.NAVALGIMATH, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. SEEKING TO ENLARGE THEM ON BAIL WHO ARE ACCUSED NO.1 AND 2 IN CRIME NO.272/2010 ON THE FILE OF THE SAUNDATTI POLICE STATION, FOR THE OFFENCES P/U/S 302, 307, 504 R/W 34 OF IPC PENDING ON THE FILE OF THE FAST TRACK COURT, SAUNDATTI, IN S.C.NO.340/2010. 7 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard petitioners’ counsel and also the learned High Court Government Pleader for the State in respect of the bail sought by the petitioners filed under Section 439 of Cr.P.C. 2. The offence charged against the accused persons are under Sections 307, 302, 504 nw 34 of IPC. The prosecution case in short is that, on 28.06.2010 at about 11.00 A.M., when the complainant was in his house, the accused persons came there and assaulted the complainant’s son Fakirappa and Suresh with the cart pins and following the said assault, Suresh was died while taking treatment and the dispute between the parties was said to be over land property. 3. Petitioners’ counsel submits that, the injuries found on the deceased could not be caused by the cart pins and more over the first petitioner did not assault the Suresh. The allegation is that, accused No.2 had assaulted on the head and Suresh later on died on account of the injury caused to the head. As far as the injury caused by the first petitioner to Fakirappa is concerned, the wound certificate reveals, one grievous injury and one simple injury sustained by Fakirappa. 4. Respondent filed objections stating to the same fact and submission made by the Learned High Court Government Pleader is that, the petitioners have committed the alleged offences. 5. Having thus heard both sides and taking note of the offences alleged and as far as the first petitioner is concerned, he is said to have assaulted Fakirappa causing one grievous injury and one simple injury. The accused No.2 is said to have assaulted Suresh on the head and Suresh was later on died. 6. Therefore, first petitioner can be released on bail and in respect of the bail to the second petitioner, it is rejected 4 7. The first petitioner is released on bail on the following conditions: I. The first petitioner shall be released on bail on his executing a personal bond for ?25,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the evidence and shali not give threat to the prosecution witnesses in any manner. 3. He shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a.m and 5.00 p.m. Sd/ JUDGE MBS/