IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3rd DAY OF MARCH2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10180 / 2011 BETWEEN 1. BHIMANAGOUDA 5/0 YANKANGOUDA GOUDAR, AGE: 35 YEARS, 0CC: AGRICULTURE, R/0 KALASAKOPPA, TQ. & DIST. BAGALKOT. 2. HANAMANTH S/O KRISHNAPPAGOUDA GOUDAR @ PATIL, AGE: 45 YEARS, 0CC: AGRICULTURE, R/O KALASAKOPPA, TQ. & DIST. BAGALKOT. 3. MANJUNATH @ MANJAPPA BASANAGOUDA GOUDAR AGE: 28 YEARS, 0CC: AGRICULTURE, R/0 KALASAKOPPA, TQ. & DIST. BAGALKOT. PETITIONERS (By Sri. K L PATIL, ADV.) AND THE STATE OF KARNATAKA BY KALADAGI PS, REP BY SPP RESPONDENT (By Sri. ANANDKUMAR K. NAVALGIMATH, HCGP) THIS CRIMINAL PETITION IS FILEJD U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONERS ON REGULAR BAIL IN C.C.NO.72/2010 WHICH IS CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 302, 504, 506 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard both sides in respect of bail sought by the petitioners who are said to be A-3 to A-S in the case registered in Cr.No.84/ 10 in respect of offence punishable under sections 143, 147, 148, 302, 504, 506 r/w 149 of IPC. 2. The case of the prosecution in short is that, in connection with purchase of two buffaloes from A-i Ashok Patil by the complainant’s father Basappa, there was some altercation between the two as the complainant’s father had paid only Rs.4,000/- and was due to pay a balance of Rs.14,000/- and this led to the attack by the accused on the deceased Basappa. The incident happened on 7.10.2010 when the complainant 3 and his father were going on a bicycle from Chikkashelikeri to Kalasakoppa near water tank and the accused persons came there and A-i Ashok Paffi assaulted the complainant’s father and he fell down and again he assaulted the deceased Basappa and the other accused assisted in catching hold of the deceased Basappa. 3. Following the deadly blows given to him, Basappa died and the case was thus registered against the accused persons. 4. Submission of petitioner’s counsel is that, as far as these petitioners are concerned, though their names are mentioned in the complaint, yet in the statement of the eye witnesses Mahadevappa, Shrishyla and Kariyappa, no other overt acts are alleged against these petitioners and even in the further statement of the complainant, no overt acts are alleged against these 4 petitioners. Therefore, the petitioners be released on bail by imposing conditions. 5. Submission of learned Government Pleader for the State is that, the names of these petitioners are mentioned in the complaint and so also their overt acts. Hence, the petitioners are not entitled for bail. 6. Having regard to the above submission made and after going through the case papers produced, in the eye witness statement of Mahadevappa, Shrishyla and Kariyappa, there being no mention of any overt acts alleged against these petitioners and the main accused is said to be A- 1 who assaulted the deceased Basappa and caused his death, these petitioners therefore can be released on bail by imposing conditions to safeguard the prosecution interest. Hence, I pass the following order: 7. The petition is allowed subject to following conditions: 1. The petitioners shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. 3. They shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. 4. They shall not involve themselves in like offences in future. 5. They shall not go near the complainant’s village Kalasakoppa till the trial is over or for six months, whichever is earlier. The above observations however shall not affect the case of the prosecution on merits. Sd/ 3UDGE