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 CRIMINAL PETITION NO.10423/2011 BETWEEN: 1. Shri Kareppa Ningappa Hakkvgol Age: Major, 0cc: Agriculture R/o. Karavi Village, Tq. & Dist. Belgaum 2. Shri. Yallappa Irappa Naik Age: Major, 0cc: Agriculture R/o. Hudli Village, Tq. & Dist. Belgaum PETITIONERS (By Sri. A. B. Koni, Adv.) AND: The State of Karnataka Through the P.S.I. Marihal P.S Rep. by State Public Prosecutor Dharwad. RESPONDENT (By Sri. Vinavak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING THAT THE PETITIONERS BE ENLARGED ON BAIL IN RESPECT OF MARIHAL P.S CRIME NO.22/2011, PENDING BEFORE THE JMFC III COURT, BELGAUM. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the petitioners’ Counsel and the learned High Court Government Pleader for the respondent- State in respect of bail sought by the petitioners who are said to be accused Nos. I and 5 and they along with several other persons accused of having committed the offences punishable under Sections 143, 147, 148, 353, 332, 307 R/w Section 149 of IPC and Sections 32 and 34 of the Karnataka Excise Act. 2. Submission made by the petitioners’ Counsel is that though 35 persons are alleged to have been involved in the commission of the offences in connection with the raid conducted by the Excise Officers and the 3 accused persons said to have assaulted the Excise Officials and caused them injuries, yet this Court has granted bail to several accused persons and the order passed in Criminal Petitions No.10446/2011 and 10415/2011 are also referred to in this connection by the petitioner’s Counsel. 3. Submission of the learned High Court Government Pleader is that, number of persons were involved in the commission of alleged offences and when the raid was conducted by the Excise Inspector and when the raiding party was about to destroy the illicit liquor stacked by the accused persons, the assault took place. 4. Having thus heard both sides and this Court having granted bail to other accused persons who are similarly placed in the aforementioned criminal petitions, in my view, the present petitioners can also be 4 released on bail on the same terms and conditions. Hence I pass the following order: ORDER The petition is allowed subject to the following conditions: i) Petitioners shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the like sum to the satisfaction of the trial court. ii) Petitioners shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) Petitioners shall mark attendance before the jurisdictional police station on every Sunday between 10.00 a.m and 5.00 p.m. iv) Petitioners shall not involve themselves in like offences in future. .4 5 v) Petitioners shall not leave their place without prior permission of the jurisdictional Magistrate Sd! gab/- JUDGE