—1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 9TH DAY OF AUGUST, 2011 BEFORE THE HON’BLE MR.JUSTICE B.V.PINTO CRL.P.NO. 10973/2011 C/w. CRL.P.NO. 10895/2011 iN CRLP.NO.10973/201 1: Between: Sri.Virupaxi S/o.Mahadev Naik, Age 39 years, 0cc.: Agriculture. R/o.Kempatti, Tq.: Raibag, District Belgaum. Petitioner (By SrLM.B.Gundawade & Sri.Bahubali N.K., Advocate) And: State of Karnataka, Thorough State Public Prosecutor. High Court Dharwad, By Raibag Police Station, Respondent (B Sri.Anand K.Navalgimath. HCGP) This criminal petition is tiled under Section 438 of Cr.P.C. seeking to grant an anticipatory bail in Raibag Police Station in the event of arrest in Crime No.89/20 1 1 for the alleged offences punishable under Sections 143, 147, 148, 302 read with Section 149 of I PC. -2- IN CRL.RNO. 10895/2011: Between: 1. Sri.Sadashiv S/o.Mahadev Naik, Age 42 years. 0cc.: Agriculture, R/o.Kempatti, Tq.: Raibag. District Belgaum. 2. Sri.Maruti S/o.Mahadev Naik, Age 65 years, 0cc.: Agriculture. R/o.Kempatti, Tq.: Raibag, District Belgaum. 3. SrtNarasing S/o.Savant Naik, Age 75 years, 0cc.: Agriculture, R/o.Kempatti, Tq.: Raibag, District Belgaum. 4. Sri.Ram S/o.Mahadev Naik, Age 55 years, 0cc.: Agriculture, R/o.Kempatti. Tq.: Raibag, District Belgaum. Petitioners (By Sri.Bahubali N.Kanabargi. Advocate) And: State of Karnataka, Thorough State Public Prosecutor, High Court Dharwad. By Raibag Police, Respondent (By Sri.Anand K.Navalgimath, KCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to release the petitioners on bail in Raibag Police Station Crime No.89/2011 for the alleged offences punishable under Sections 143, 147. 148, 302 read with Section 149 of IPC. -3- These criminal petitions are coming on for orders this day, the court made the following: ORDER These two petitions are filed seeking bail in Crime No.89/20 1 1 of Raibag Police Station. registered for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC on 14.04.2011. . it is stated in the complaint filed by Smt.Mahadevi dfe of the deceased Yallappa Uppàr that there was a murder case registered against the deceased Mallappa and some other persons, on the basis of the complaint of one Virupaxi S/o.Mahadev Naik, who is the petitioner in Crl.P.No.10973/201 1. It is stated that there was enmity between the parties in respect of property dispute of Sy.No. 176 of Kempatti village of Raibag Taluk. 3. it is stated in the complaint that the husband of the complainant had left to Nandikurali village on 13.04.2011 at about 3.00 p.m. in his two wheeler. in order to discuss about the hearing on the next date in the said murder case. 6 ‘a C - I a 4- — a, -a - 3a -a .4 t . S < -0 - a ;ç i. a Ce -. a 4 *4 33 - .7 t .1 be • ‘lb * 4 •1 —. i.r — b4 It • : r I • 1.4 3* 4 (Ii - a C, C’ • , .34 D - I ‘I fl .4 4 4 3 Fl 4 4% — I, Ti II V .4 —3 1 3 a -‘4 I, 43*5. .7. F Sb . ‘4 -4 .. -q — r •- I lb. - 2 S —t r .4 S I ‘1 5; S c k lbs lb. based not only on the basis ol thr statement of n tU itnessrs. but also on extra judicial confession made by thc accused before one Chidanand Naik and that the death is due to asphxia as a result of strangulation. Hr also submits tlmt the rope has been recovered. which is used for commission of murder of the deceased. 6. It is seen that the eye” itnecses are examined in the Investigating Officer on 21.04.2011 and therefore. on tht. date of filing the complaint, the complainant could not have giu the names of assailants, since shc had gone to thc s”•iu’ of occurrence onh in the morning, even aIt(;rdin ii. her on complaint. 7. In view of the fact that the case has tn he Pr.)’ ru b leading evidence and that the evcvitnesses actntint has to bc proed before the Court. I am of the opinion that tIt petitioners ma3 be granted the opportunity of bail. 8 According. petitions art ‘llowed aF I following conditions: -6- ORDER IN CRL.P.NO. 1097312011: i) In the event of arrest of the petitioner in Crime No.89/2011 of Raibag Police Station. the petitioner is directed to be released on bail on his executing a personal bond for Rs.25,000/- with one surety for the like sum to the satisfaction of the said Police. ii) The petitioner shall surrender before the Investigating Officer within ten days from today. iii) The lnvestigating Officer is at liberty to detain the petitioner for a period of two days for the purpose of investigation/ enquiry/ identification/ recovery etc. and on such clays when the petitioner is in custody of the Police, he can be detained between 08:00 a.m. to 06:00 p.m. only. iv) The petitioner shall not indulge in tampering with the prosecution witnesses nor shall commit any offence during the pendency of this case. ORDER IN CRL.P. 10895/2011: i) Petitioners are directed to be released on bail, on their executing a personal bond for Rs.25,000/ - each with one surety for the like sum to the satisfaction of the Court below. a -7- ii) The petitioners are directed not to indulge in tampering with the prosecution witnesses till the disposal of the case. JUDGE Vnp* S k