t - IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 06TH DAY OF SEPPEMBER, 2011 BEFORE THE HONBLE MR.JUSTICE B.V.PINTO CRL.P.NO. 10986/2011 Between: MAHANTESH S/O.CHANDRU CdI) LAMANI (ci) RATHOD AGE: 28 YEARS, 0CC: AGRICULTURE R/O.SJDDAPUR TANDA, TAL: BILAGI DIST: BAGALKOT PETITIONER (BY SRI PRABHAKAR A.KULKARNI. ADVOCATE) And: STATE OF KARNATAKA, REPRESENTED BY PSI MAHALINGAPUR POLICE STATION RESPONDENT (BY SRI ANAND K.NAVALGIMATH, HCGP.) THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT IN CONNECTION’ WITH MAHALINGAPUR P.S. CRIME NO.51/2011 FOR THE OFFENCES U/S.341, 307, 504 IPC R/W. SECTION 34 IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -2- ORDER This petition is filed seeking anticipatory bail in Crime No.51/2011 of Mahalingapur Police Station, Bagalkot District registered on 14.05.2011 for the offences under Sections 341, 307, 504 IPC r/w. Section 34 IPC. 2. It is the case of the injured complainant that the petitioner was beating the drums in the night and was disturbing the neighbouring people and the injured had taken objection to such behaviour of the petitioner. It is the case of the complainant that on 13.05.2011 at about 11.30 p.m., the complainant received a wrong phone call in his mobile and when he ‘vent out of the house. the petitioner came along with two others and assaulted him, on the allegation that the injured was taking objection to their beating the drum in the night. The petitioner is alleged to have assaulted on the left side chest of the injured and also to the left side ribs. The offence alleged fairly comes within the Section 307 IPC. If the injured was not treated he would have succumbed to the injuries. .1 — — 3. Heard Sri Prabhakar A.Kulkarni, learned Counsel for the petitioner and Sri Anand K.Navalgimath, learned High Court Government Pleader for the respondent State. 4. 4. Learned High Court Government Pleader has filed statement of objections. 5. From the wound certificate it is seen that the injuries sustained by the injured is simple in nature. Hence, I am of the opinion that with the stringent conditions, the petitioner may be admitted to anticipatory bail. Accordingly, the petition is allowed and the following order is made: i. In the event of the arrest of the petitioner by the Mahalingapur Police Station, he is directed to be enlarged on bail on his executing a bond for Rs.25,000/- with one surety for the likesum to the satisfaction of the arresting officer. ii. The police shall be at liberty to detain the petitioner for three days for the purpose of investigation / enquiry / recovery and on such a I. -4- days. the petitioner is required to be in the police station only between 8 a.m. to 6 p.m. iii. The petitioner shall surrender before the police within 10 days from today. iv. The petitioner shall appear before the police station once in a week till the disposal of the case. Sd,.. JUDGE n’vj