IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAI) DATED THIS TI IE 21 DAY OF FEBRUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITON No.10199/2011 BETWEEN: I. Sawakka, W/o. Khashappa Pujari. Age: 55 years, 0cc: Household, R/o. Nanadi, Tq. Chikkodi. Dist. Belgaurn. 2. Awakka, W/o, Balappa Pujari, Age: 45 years. 0cc: Household, Rio. Nand, Tq. Chikkodi, Dist. Belgaum. . . . Petitioners (By Shri. A.G.Mulawadimath, Advocate) AND: The State of Karnataki, (Through Sadalga P.S. Represented by State Publie Prosecutor. Dharwad. . . . Respondent (By Shri. Vinavak S. Kulkarni, Government Pleader) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, seeking that the petitioners be enlarged on bail in Sadalga P.S. Crime No.112/2010 for the offences punishable under Sections 143. 147, 148, 302, 326, 341 read with Section 149 of the Indian Penal Code. This petition coming on for orders this day, the Court made the following: ORI)ER Heard the learned counsel for the petitioners and the learned Government Pleader. 2. It is alleged by one Mayakka, resident of Nanadi village, in her compliant to the Sadalga Police Station, that her father had married one Bhagawwa. Bhagawwa had three sons and a daughter, that after the death of Bhagawwa, the complainant’s father is said to have married one Lagamawwa and through Lagamawwa he had three sons including the complainant. The complainant’s brothers and the complainant are residing separately by the side of their house. The complainant’s brother — Ramappa is said to have stolen the sheep belonging to Khashappa. On the complaint to the elders of the village, a Panchayath was held and Rarnappa, was advised to pay the value of the sheep. Ramappa however, having assured Panchavath, that he would pay the amount, had 3 failed to do so. It is in this background, that on 12.06.20 10, the several accused, including the present petitioners are said to have descended on the house of Rarnappa and had assaulted the inmates, resulting in the death of Ramappa and Siddappa. it was alleged that there were totally 8 accused including the petitioner, who were armed with deadly weapons. The deceased, who had 17 to 18 injuries each. and had died on the spot. It is in this background, that the petitioners were proceeded against and taken into custody. The petitioners having approached the Court below seeking bail, the same has been rejected on the reasoning that the present petitioners had participated in the attack and had enabled the other accused to assault and kill the two deceased people by actively assisting them and restraining the deceased from escaping. it is on that reasoning that the Court has rejected the bail petition ofpresent petitioners. The first petitioner is aged about 55 and the second petitioner is aged about 45 and they are house wives and it cannot be said that the other accused armed with deadly weapons would have required the assistance ofthese petitioners S 4 to have assaulted the deceased and causing their death. Therefore, the petitioners being women have made out a case for enlargement on bail and as there are no overt acts of having assaulted the deceased alleged against them, except that eyewitnesses have implicated the petitioners as well. 3. Having regard to the above facts and circumstances, in the opinion of this Court, the petitioners have made out a case for enlargement on bail. Accordingly they shall be enlarged on bail subject to the following conditions: 1) They shall furnish personal bonds for a sum of !20,000/- each, with two solvent sureties for like sums, to the satisfaction of the trial Court. 2) They shall make themselves available to the Investigation Officer as and when required for the purposes of investigation. 3) They shall not leave the jurisdiction of the trial Court without seeking leave of that Court. S 4) They shall not seek to induce or threaten the prosecution witnesses. 5) They shall attend the trial Court on all dates of hearing without fail subject to the Court granting exemption for good and valid reason. Sd! JUDGE Rsh