IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10291/2011 BETWEEN: Sri. Siddappa Adiveppa Jarali Age: 61 years, 0cc: Agriculture R/o. Ashok Nagar, Khanapur Tal: Khanapur, Dist.Belgaum PETITIONER (By Sri. Srinand A. Pachhapure, Adv.) AND: The State of Karnataka By Khanapur Police Station Now rep. by SPP RESPONDENT (By Sri. Vinayak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.4 WITH CONDITIONS IN SESSIONS CASE NO.227/2010 ON THE FILE OF III ADDL. SESSIONS JUDGE. BELGAUM (CRIME NO.187/2010 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148. 307, 302, 324, 114 R/W SECTION 149 OF IPC BY THE RESPONDENT KHANAPUR POLICE). THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner who is accused No.4 is before this Court seeking bail and he is one of the accused persons against whom a case is registered in crime No.187/2010 by the Khanapur Police Station in respect of offences punishable under Sections 143, 147, 148, 307, 302, 324, 114 R/w Section 149 of IPC. 2. The prosecution case in short is that, keeping land dispute in view, the alleged incident took place, while the complainant and his father were assaulted by the accused persons with deadly weapons on 0 1.06.2010 at about 5.30 p.m. On account of the injury caused, the complainant’s father, namely B. B. Sajali succumbed to injuries at Khanapur Government Hospital. 3. Submission of the petitioner’s Counsel is that other accused persons namely accused Nos.2, 3, 5, 6, 7 and 8 having been granted bail, this petitioner also requires to be given the same relief, because in the complaint the overt act alleged against this petitioner is that he was said to be found carrying stones in his hands. The main accused is accused No. 1 who is said to have assaulted the father of the complainant on his head with Long. 4. On the other hand, the learned High Court Government Pleader states that, this petitioner has also assaulted the complainant with stick on the right hand apart from all the accused assaulting the complainant’s father. 4 5. Taking note of the overt acts alleged against this petitioner in the complaint, namely that he was found carrying the stones and said to have assaulted the complainant with stick on the right hand, in my view, this petitioner also can be released on bail by imposing conditions to safeguard the prosecution interest. Hence I pass the following order: 6. The petition is allowed subject to the following conditions: 1. The petitioner shall be released on bail on executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the evidence and shall not give threat to the witnesses in any manner. 3. He shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. 5 S 4. He shall not leave the place without permission in writing of the jurisdictional Magistrate. 5. If any of the bail conditions are violated, bail will be cancelled at the request of the prosecution. Sd! JUDGE gab/ e