IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 5Th DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10340/2011 Between: Basavaraj S/o.Rudrappa Kulmi, Age 33 years, 0cc.: Agriculture, R/o.Madlur Village, Tq.: Hirekerur, Dist.: Haven. Petitioner (By Sri. M . B. Gundwade, Advocate) And: The State of Karnataka, By State Public Prosecutor, High Court Circuit Bench, Dharwad. Through Hansabhavi P.S. Respondent (By Sri. Vinavak Kulkarni, HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking to release the petitioner on bail in S.C.No.03/2010 dated 12.01.2011 on the file of the Fast Track Judge, Ranebennur for the alleged offence p/u/s. 143, 147, 148, 323, 324, 326, 452, 504, 506, 302 r/w. 149 of IPC (in Crime No.94/2009 of Hansabhavi Police Station) This petition coming on for orders this day, the Court made the following: ORDER Heard petitioner’s counsel Sri. M .B. Gundwade and the learned High Court Government Pleader for the respondent State in respect of the bail sought by the petitioner who is accused No. 1 in the case, which is pending on the file of Fast Track Court at Ranebennur in S.C.No.03/2010. 2. The petitioner is one of accused persons against whom a case is registered in Crime No.94/2009 in respect of the offences punishable under Sections 143, 147, 148, 323, 324, 326, 452, 504, 506, 302 read with Section 149 of the IPC. 3. The complaint allegations in short are that, in connection with the land dispute and the tree being cut in the land between that of Rudrappa and Chandrappa, the complainant’s party told the accused group not to cut the tree and this led to the incident taking place on 04.09.2009 at about 10.00 a.m. When the accused persons are said to have assaulted complainant Veerabhadrappa and also his father as well as his brother Umesh, Umesh came and intervened in the quarrel. As per the complaint, the accused persons -3- assaulted with sickle and sticks on the head and other parts of the deceased. 4. Petitioner’s counsel Sri. M . B. Gundwade submits that, the complaint was that the accused assaulted on the deceased with a sickle whereas, according to the statement of one of the witnesses, this petitioner assaulted with stick on the deceased and later on it is mentioned that, all the accused persons were carrying sickle in their hands and they assaulted the deceased. It is also submitted that, even as per the postmortem report, the doctor has opined that, due to shock and hemorrhage as a result of the injuries sustained the deceased had died, and there are 15 injuries mentioned in the postmortem report. But due to which injury the death of the deceased was caused is not mentioned. Apart from the aforesaid submission, it is also mentioned by the petitioner’s counsel that, all the other accused persons have been released on bail and hence this petitioner also be released on bail on the ground of parity. 5. The submission of the learned High Court Government Pleader for the respondent State is that, this -4- petitioner assaulted with stick on the head of the deceased and therefore, bail petition be rejected and in this connection he referred to the objections filed by the State. 6. Having thus heard both sides and taking note of the fact that the charge sheet has been submitted and the matter is pending in the aforementioned sessions case and all other accused persons have been released on bail and the postmortem report is indicating the death of the deceased but it is not indicat that the death of the deceased had occurred due to which of the 15 injuries, and since the injuries are fatal injuries and one of the witnesses stating that this petitioner was holding stick and assaulted and later on sickle having been used by this petitioner 7 taking note of these facts into consideration, at this stage, it is not possible to say as to which the injuries caused, led to the death of Umesh. In the said circumstances, the petitioner can be released on bail by imposing conditions to safeguard the prosecution interest. 7. Hence, I pass the following order: -5- ORDER i) The petitioner shall be released on bail on his executing a personal bond for Rs.50,000/- with two sureties for the like sum to the satisfaction of the trial court. il) Petitioner shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) Petitioner shall mark his attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. iv) Petitioner shall not involve himself in the like offences in future. v) Petitioner shall not leave his place without the prior permission of the jurisdictional Police officer, except for the purpose of attending court. Sd/s JUDGE