IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17T1 DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10277/2011 Between: 1. Bhagappa S/o.Bhagappa Mallapura, Age 55 years, 0cc.: Agriculture, 2. Hireyankoba S/o.Bhagappa Mallapura, Age 24 years, 0cc.: Agriculture, 3. Sannayankoba S/o.Bhagappa Mallapura, Age 21 years, 0cc.: Agriculture, All the petitioners are R/o.Adapur, Tq. :Gangavathi. Petitioners (By Sri. Neelendra D. Gunde, Advocate) And: State of Karnataka, Kanakagiri Police Station, Represented by the State Public Prosecutor, High Court Building, Dharwad. Respondent (By Sri.Anand K.Navalgimath, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to grant of bail in Crime No.125/2010 for offences punishable under Sections 323, 324, 504, 506, 202, 201 read with 34 of IPC on the file of Kanakagiri Police, pending in S.C.No.06/201 1 on the file of the Fast Track Court-I, Koppal. This petition coming on for orders this day, the Court made the following: ORDER Heard the petitioners’ counsel, the learned High Court Government Pleader for the State and perused the objections filed by the State. 2. The petitioners and accused No.2 together are said to have assaulted the complainant’s father and also the complainant. On 19.10.2010 at about 9.30 p.m. when the complainant and his father were sitting in front of their house the overtact is alleged, A-2 assaulted the father of the complainant with stick on the ribs and A-4 assaulted on the cheek and A-3 is said to have assaulted with axe on the head of the complainant’s father. Following the said assault, complainant’s father died on 21.10.2010 due to the head injuries as per the postmortem report. The submission of the petitioners counsel is that A-2 is already released on bail. 3. Submission of the learned High Court Government Pleader is that, A-3 assaulted with axe on the head of the deceased and also assaulted with axe on the complainant. Therefore the petitioners are not entitled for bail. 4. Having thus heard both sides and taking note of the overtact alleged and the postmortem report also indicating that the deceased the injury on the chest portion, A-i and A-4 can be released on bail. The petition will have to be rejected in so far as A-3 is concerned. 5. In the result, petitioners No.1 and 3 who are Accused No.1 and 4 respectively shall be released on bail subject to the following conditions. ORDER 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. 4- 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. Bail petition is rejected in so far as A-3 is concerned. Sd! JUDGE Vnp *