—‘ IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 8T11 DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN NO.10384 2011 Between: 1. Balappa S/o.Shenkrappa Kamate, Age 22 years, 0cc.: Agriculture, R/o.Sunadholi, Tq.: Gokak, Dist.: Belgaum. 2. Irappa S/o.Shivalingappa Pawadi, Age 22 years, 0cc.: Agriculture, R/o.Sunadholi. Tq.: Gokak, Dist.: Belgaum. Petitioners (By Sri.M.B.Gundwade, Advocate) And: State of Karnataka, Through State Public Prosecutor, High Court Dharwad, By IKulagod Police. 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 released on bail in S.C.No.332/2010 Fast Track & Addi. Sessions Judge, Hukkeri, sitting at Gokak, (Kulagod Police Station in Crime No.82/2010) for the alleged offences p/u/s. 143, 147, 148, 307. 427, 336, 114, 120(B), 504, 506 r/w. 149 of IPC and 3. 5, 25(1B)(A) 27 of the Arms Act. This petition coming on for orders this day, the Court made the following: 4’ -2- ORDER Heard both sides in respect of the bail sought by the petitioners, who are accused Nos.4 and 20 in Crime No.82/20 10 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 petitioners, who belonged 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 petitioners and others and foilowing that complaint, these petitioners and others of the community abused the complainant’s group, who belongs Lingayath community, for having reported the incident to the police and they further told that they would not leave the Lingayath community and they would kill them and accordingly on 25.06.20 10 at about 9.00 a.m 9 when deceased Ravi Kumbar, Basappa, Channappa Koukalagi, Mallaappa Balappa Hatiihole and Shrishail Bhimappa Wali were sitting at the katta of the shop of one -3- Mahesh Angadi in the village, the accused persons came there holding deadly weapons and assaulted the said persons and there was also gun shots 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.82/2010. 3. The petitioners’ counsel submits that the 2” petitioner, who is accused No.20, had moved this court earlier for bail and his bail application was rejected and now after charge sheet once again he is moving for bail. As far as the 1’ petitioner is concerned, the submission made is that, the only overt act alleged against the jat petitioner is that, he is said to have assaulted on the ankle of Ravi Kumbar with iron rod and, therefore, the 1st petitioner be released on bail. 4. The learned High Court Government Pleader, referring to the objections filed, submitted that all the accused persons have assaulted the deceased and 1’ petitioner had assaulted Ravi Kumbar with iron rod and therefore the petition be rejected. -4- 5. Having thus heard both sides, taking note of the overt act mentioned in the objections by the State, so far as the l’ petitioner, who is A-4, is concerned, in view of the submission made that he is said to have assaulted on the ankle of deceased Ravi Kumbar, he can be granted bail, but not 2 petitioner, as this court in the earlier application in Crl.P.No.8200/20l0, after considering the case in detail has rejected the bail application of the 2nd petitioner. 6. For the above reasons, bail application of A-20 who is the 2nd petitioner herein is rejected and the 1st petitioner, who is A-4, shall be released on bail subject to following conditions. i) 1st 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 any manner. iii) He shall mark attendance before the jurisdictional police station on every 4 -5- 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. Sd/s Vnpt JTJE