IN THE HIGH COURT OF IKARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3rd DAY OF MARCH 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10258 / 2011 BETWEEN 1. SRI.ALLUDDIN 5/0 SHABBIR ARMED PATEL, AGE: 39 YEARS, 0CC: BUSINESS, R/O FAISAL LODGE, JAMKHANDI, DIST: BAGALKOT. 2. SRI.MAINUDDIN S/0 KUTUBUDDIN PATEL, AGE: 54 YEARS, 0CC: TAILORING, R/O BARAPET GALLI, JAMKHANDI, DIST: BAGALKOT. PETITIONERS (By Sri. B V SOMAPUR, ADV.) AND THE STATE OF KARNATAKA, THROUGH JAMAKHANDI TOWN POLICE, R/BY STATE PUBLIC PROSECUTOR, CIRCUIT BENCH, DHARWAD. RESPONDENT (By Sri. ANANDKUMAR K. NAVALGIMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONERS/ACCUSED NO.2 AND 4 IN S.C.NO,83/2010 U/S 143, 147, 148, 504, 302, R/W SEC. 149 OF IPC 2 PENDING ON THE FILE OF THE LEARNED JUDGE FAST TRACK COURT, JAMKHANDI. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners who are A-2 and A-4 respectively in the case registered by the Jamkhandi police in Cr.No.96/10 under sections 143, 147, 148, 504, 302 r/w 149 of IPC seek bail. 2. The prosecution case in short is that, the complaint given by one Smt. Najama was to the effect that there was a dispute between the complainant and her sisters and brother on the one side and wife of another brother Farooq on the other side over family property in respect of sale of Faisal Lodge belonging to their father and in this regard a power of attorney was executed in favour of Prashant Kalyani (deceased). The said Prashant Kalyani sold the property to one Usman 3 Babusab for Rs.i,li,00,000/- and out of that, Rs.28 lakhs was to be given to Smt. Akthar Patel i.e. A-i and the balance to be retained by the complainant and her sisters, father and her brother. In respect of the share of the amount, the dispute arose and a quarrel took place between the 1st petitioner herein with the complainant and the complainant informed Prashanth Kalyani and later on, on 27.6.10 at about 3.00 p.m, A-i with other accused persons came to the complainant’s place and again picked up quarrel and she called Prashanth Kalyani over phone. Prashanth Kalyani came to the spot with Usman Sagar and accused persons are said to have assaulted Prashanth Kalyani in as much as A-3 assaulted Prashanth Kalyani and other accused persons caught hold of the deceased. Prashanth Kalyani died at 4.00 p.m in the hospital due to injuries sustained to the brain. 4 3. Submission of petitioners counsel is that, the 1st petitioner is said to have assaulted the deceased along with other accused persons, but insofar as 2d petitioner is concerned, he is said to have caught hold of the deceased and excepting this, there is no other overt act against the 2nd petitioner. Therefore, both the petitioners be released on bail, as according to the learned counsel, the case may fall u/s 304(11) of IPC and not 302 of IPC. 4. Submission of learned Government Pleader for the State by referring to the objections filed by him is that, both the petitioners are involved in the assault and therefore they are not entitled for bail. 5. Having thus heard both sides and after going through the materials placed at this juncture, the 21d petitioner, against whom the only overt act is that, he is said to have caught hold of the deceased, can be released on bail, but however, the 1st petitioner who is N also among the other accused persons who has assaulted the deceased, cannot be granted bail as postmortem report reveals that the deceased sustained injuries both on the frontal bone of the head as well as on the forehead. 6. For the above reasons, bail petition of 1st petitioner is rejected. The 2nd petitioner shall be released on bail on the following conditions. 1. The 211d petitioner shall be released on bail on his executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the evidence and shall 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. 6 4. He shall appear before the court on all dates of hearing without fail. Sd! JUDGE r: