IN THE HIGH COURT OF KARNATAIKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 6Th DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10365/2011 Between: 1. Halappa Laxman Aadinawar, Age 40 years, 0cc.: Agriculture, R/o.: Mannapur. Tq.: Gokak. 2. Umesh Siddappa Puthani, Age 19 years, 0cc.: Agriculture, R/o.: Mannapur,Tq.: Gokak. 3. Dhareppa Saibanna Biradar, Age 25 years, 0cc.: Agriculture, R/o.: Nimbal, Tq.: mdi. 4. Appasab Siddappa Saligaon, Age 25 years, 0cc.: Agriculture, R/o.: Nimbal, Tq.: mdi. Petitioners (By Sri.M.J.Peerjade, Advocate) And: The State of Karnataka. R/bv S.P.P., Dharwad. Through P.S.I., Kulgod Police Station, Respondent (By Sri.Vinavak Kulkarni, HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking that the petitioners order to be enlarged on regular bail, in C.C.No.2025/2010 pending before the Addi. JMFC Court, -2- Gokak of the offences p/u/s. 143, 147, 148, 302, 307 r/w. 149 of IPC. This petition coming on for orders this day, the Court made the following: ORDER Heard petitioners’ counsel Sri.M.J.Peerjade and the learned High Court Government Pleader for the respondent- State in respect of the bail sought by A-i, A-li and A-i4 who, along with the other accused persons, are alleged to have committed the offences punishable under Sections 143, 147, 148, 302, 307 read with Sections 149 and 212 of the IPC. 2. The petitioners’ counsel submits that, though the incident is said to have taken place on 23.09.20 10, when deceased Yallappa, along with one Iaxman, went on the motorcycle belonging to one Nabisab and the accused persons are said to have come in a tempo-trax and dashed against the motorcycle and afterwards assaulted deceased Yallappa, Laxman and Nabisab. It is also submitted that, most of the accused persons are already on bail, inasmuch as ten of them have been given bail by the trial court and two of them by this court and as far as overt act is concerned the complaint Jr -3- allegations are that, A-i is a part of the conspiracy, but he was not present at the place of the incident and A-il is said to have assaulted Nabisab with iron rod and caused him injuries, and A- i4 is said to have assaulted with iron rod on the forehead of deceased Yaflappa. Therefore, the learned counsel sought for grant of bail to the petitioners also. 3. The submission of the learned High Court Government Pleader for the respondent-State is that, the death of Yallappa was due to shock and hemorrhage as a result of the head injury and therefore A-i4, having assaulted on the head of the deceased Yallappa, cannot be granted bail. As far as the other accused are concerned, they have also taken part in the said incident. 4. Having thus heard both sides and also peru the objections filed and talcing note of the role played by the accused persons who are now before this court, in ‘ view, A-i was not present at the place, but he is said to be a member of the conspiracy group and can be granted bail and so also A-il, who is said to have assaulted Nabisab and caused him injuries, but, however, as far as A-i4 is -4- concerned, the said accused assaulted with iron rod on the head of deceased Yallappa and death having been taken place due to head injury, so, bail cannot be granted to A-14. 5. For the above reasons, bail petition is allowed in respect of A-i and A-li subject to the following conditions: i) A-i and A-li shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the like sum to the satisfaction of the trial court. ii) They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) They shall mark attendance before the jurisdictional police station on every Sunday between 10.00 a.m and 5.00 p.m. iv) They shall not involve themselves in like offences in future. v) They shall not leave their place without the prior permission of the jurisdictional Magistrate. vi) However bail application for Al4 is rejected. vii) Bail application of A-13 is dismissed as not pressed by the counsel. Sd! Vnp* JUDGE