—1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 9Th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10312/2011 Between: 1. Karabasayya S/o.Ishwarayya Ganacharya, Age 37 years, 0cc.: Agriculture, R/o. Sarur, Tq.: Muddebihal, District Bijapur. 2. Shiddamma Ishwarayya Ganacharya, Age 60 years, 0cc.: Household work, R/o. Sarur, Tq.: Muddebihal, District Bijapur. Petitioners (By Sri.V.M.Sheelvant, Advocate) And: State of Karnatka, Reptd. High Court Public Prosecutor, High Court of Karnataka, Circuit Bench, At Dhatrwad. Respondent (By Sri.Vinayak Kulkarni, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. seeking to release the petitioners on bail in the event of their arrest in crime No.4/2011 of Navanagar Police Station, Bagalkot, offences punishable under Section 498(A), 323, 504 r/w. 34 of IPC. This petition coming on for admission this day, the Court made the following: -2- ORDER Heard both sides in respect of the anticipatory bail sought by the petitioner who are said to be the brother and mother of the accused No.1. 2. The complaint allegations in short is that, the complainant namely Jayashree married the accused about 5 years back and the couple lived together and during the delivery the child died and thereafterwards the complainant went to stay with her father at Muddebihal. Accused said to have demanded salary from the complainant and also assaulted her with hands. Therefore case was registered in respect of offence under Sections 498(A), 323, 504 read with Section 34 of IPC and complainant filed a complaint in Crime No.4/2011 in the Bagalkot, Navanagar Police Station. 3. Petitioner counsel Sri.V.M.Sheelavant submits that the main accused has been released on bail and these petitioners are only brother and mother of accused No.1 and also they have filed an application for anticipatory bail and they would co-operate with the investigation. -‘3- 4. Submission of the High Court Government Pleader for the State by referring to objections filed, is that the petitioneualso assaulted the complainant. 5. Having regard to accused No.1 already released on bail and the other accused being brother and mother of accused No.1, they can be granted anticipatory bail by imposing condition. Hence, I pass the following order: ORDER i) In the event of arrest of petitioners in connection with Cr.No.4/201 1 of Navanagar Police Station, Bagalkot, they shall be released on anticipatory bail subject to each of them furnishing personal bond for 25,OOO/- with two sureties for the likesum to the satisfaction of the arresting police officer. ii) They shall not tamper with the evidence and shall not give threat to the witnesses. -4 iii) They shall appear before the investigating officer as and when they are called upon to do so and shall assist the investigating officer in the investigation. iv) They shall mark their attendance before the Navanagar Police Station, Bagalkot on every Saturday between 1OOO a.m and 5.00 p.m. till filing of the charge sheet. Sd/ Vflp* JUDGE