IN THE HIGH COUR.T OF ICAI.NATAICA CIRCUIT BENCH AT DHA1WAD DATED THIS THE 27° DAY OF JULY. 2011 BEP()R6 THE HC)N’E3LE MR.JUSTICE E3.V.PINTC) NO7LQ Between: Sri. Manj unath Ningappa Kirkasali, Age 23 years, 0cc.: Agriculture. R/o.Belavadi. Tc 1 .: Bailhongai. District Belgaum. Petitioner (By Sri.Girish S.Hiremath. Advocate) And: The State of karnataka. Rep. by its State Public Prosecutor, High Court of Karnataka, Circuit Bench. D har\vad Through Dodawad Police Station, Belgau. Respondent (By Sri,Vinavak S,Kulkarni, HCP) This criminal petition is filed under Section 438 of Cr.P.C. seeking to release the petitioner in case of his arrest in Doda\vad P.S. Crime NO.55/201 1 registered for the offences p/u/s 504, 506. 307 of IPC. This petition coming on for orders this day, the court made the following: -2- ORDER Heard Sri.Girish S.Hiremath, learned advocate appearing for the petitioner and Sri.Vinayak S.Kulkarni, learned High Court Government Pleader appearing for the respondent-State. 2. This petition is filed seeking anticipatory bail in Crime No.55/201 1 of Dodawad Police Station, which is registered on 12.06.20 1 1 for the offences punishable under Sections 504, 506 and 307 of IPC. 3. Based on the said complaint of one Siddayya. Dodawad Police have registered the above case, vherein it is stated that on 12.06.2011 the driver of the complainant by name Nagesh was assaulted by the petitioner and his brother by means of iron rod and wooden reaper. The specific allegations against the petitioner is that he has assaulted the injured with the wooden riper which was fixed with nails and has caused injuries to the injured Nagesh. It is further stated that both of them have threatened the complainant and other persons who were present in the spot. when they tried to -3- rescue the injured Nagesh from the hands of petitioner and his brother. 4. The learned High Court Government Pleader submits that the injured Nagesh is taken to the KLE Hospital, Belgaum, and his condition is still critical. Since this application is filed under Section 438 of Cr.P.C.. in order to facilitate the investigation and recovery limited bail is granted to the petitioner. Hence, this petition is allowed on the following conditions: i) The petitioner shall surrender before the Police within 10 days from today. ii) In the event of arrest of the petitioner by the Police in Crime No.55/2011 of Dodawad Police Station. they are directed to enlarge the petitioner on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the Police Officer. iii) The Investigating Officer is at liberty to detain the petitioner for a period of three days for the purpose of investigation/ enquiry/ identification/ recovery etc. On such days when the petitioner is in custody of the Police, he can be detained h -4- between 08:00 a.m. to 06:00 p.m. only. if the investigating Officer requires the custody of the petitioner, subsequently he is at liberty to file an application before the Jurisdictional Magistrate for further custody. iv) The petitioner shall file a regular bail application within 20 days from today before the learned Magistrate v) The petitioner shall not intimidate or induce the complainant or the prosecution witnesses till the disposal of the case. vi) If the petitioner is found to be violating any of the conditions, the State is at liberty to file an application for cancellation of bail and the Court before which such an application is filed, is at liberty to diskose of the matter without any reference to this Court. Sd/a RIDGE Vnp*