iN THE HIGH COURT OF KARNATAIKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 19TH DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN .NO.1046I 2011 Between: I. Kenchanagoudara Basavrajappa u. Basappa S/o.Virupaxappa, Aged about 56 years, 0cc.: Agriculture, R/o.Holalu, Tq. :Huvinahadagali. District Bellarv. 2. Ramesh S/o.Virupaxappa, Age 39 years, 0cc.: Agriculture, R/o. Holalu, Tq. :Huvinahadagali, District Bellarv. Petitioners (By Sri.B.V.Somapur. Advocate) And: The State of Karnataka, R/bv Hirehadagali Police, District Bellarv, R/bv State Public Prosecutor, Circuit Bench, Dharwad. Respondent (By Sri.Vinavak IKulkarni. HCGP) This criminal petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail be granted to the petitioners and he directed to Hirehadagali Police and the learned JMFC Court, Huvinhadagali to release the petitioners on bail in Hadagali P.S. Crime No.41/2010 u/S. 143, 148, 147, 148, 504, 506, 307, 302 r/w. 149 of IPC, pending on the file of the JMFC Court, Hadagali in C,C.No.123/2011. -2- This petition coming on for orders this day, the Court made the following: ORDER Heard petitioners’ counsel Sri.B.V.Somapur and also the learned High Court Government Pleader for the respondent-State in respect of the anticipatory bail sought by the petitioners who are amongst several accused persons, against whom a case is registered in Crime No.41/2010 for the offences punishable under Sections 143, 147, 148, 448, 504, 506 and 324 read with Section 149 of the IPC. 2. The petitioners’ counsel submitted that, A-2 to A-5 were granted bail by the trial court and therefore, these petitioners also be released on bail. 3. On the other hand, the submission of the learned High Court Government Pleader for the respondent-State is that, these petitioners have assaulted the deceased and their overt acts are also mentioned by complainant Kadlenne Basappa and apart from that, this court earlier had rejected the bail application of the present petitioners in Crl.P.No.8128/2010. ‘F -3- 4. Having thus heard both sides and taking note of the complaint allegations, wherein it is stated that the petitioners have assaulted the deceased with deadly weapons, grant of anticipatory bail therefore is not warranted and the petitioners are at liberty to surrender before the trial court and seek regular bail and if an application is filed to that effect, the trial court may also take into account the grant of bail to A-2 to A-5 and pass the orders on the bail application in accordance with law. 4 5. With the above observations bail application is rejected. Sd! JUDGE Vnp*