IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3rd DAY OF NOVEMBER, 2010 BEFORE THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY CRIMINAL PETITION NO.8231/2010 BETWEEN: 1. Halappa Bharamu @ Bharma Gavanale Age: 50 years, 0cc: Coolie R/o. Umarani, Tq: Chikkodi Dt. Belgaum 2. Rama Halappa Gavanale Age: 18 years, 0cc: Coolie R/o. Umarani, Tq: Chikkodi Dt. Belgaum PETITIONERS (By Sri. Jagadish Patil, Adv.) AND: The State of Karnataka Through Chikkodi Town Police Station By its Public Prosecutor High Court of Karnataka Building Circuit Bench, Dharwad RESPONDENT (By Sri. K. B. Adyapak, AGA) 7 CRL.P. IS FILED U/S 439 OF CR.P.C SEEKING TO ENLARGE THE PETITIONERS ON BAIL IN CONNECTION WITH CHTKKODI POLICE STATION CRIME NO.299/2010 (IN RESPECT OF ACCUSED NO.1 AND 2) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 307 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING ORDER: ORDER The petitioners who are arraigned as accused Nos. 1 and 2 in Crime No.299/2010 of Chikkodi Police Station registered for the offences punishable under sections 302, 307 of IPC are seeking bail under Section 439 of Cr.P.C. 2. A complaint is lodged by one Smt. Gourawwa Kallappa Mayappagol alleging that on 2.8.2010 at 18.00 hours when her husband Kallappa Mayappa Mayappagol and her son Narasappa had been to graze the sheep, some unknown persons severely assaulted them and her husband succumbed to injuries on the same day. On the strength of the complaint the Chikkodi PS have registered a case in PS Crime No.299/2010 for the above said offences. 3. The learned Counsel for the petitioners submitted that the petitioners have been falsely implicated in this case, they are innocent and not committed any offence. He submits that the complaint is made against some unknown persons and the statements recorded is at the scene of offence where these two petitioners are seen and not pertains to these petitioners. Hence the learned Counsel submitted that the petitioners are to be enlarged on bail. 4. The learned Govt. Pleader for the State has filed statement of objections and stated that during the course of investigation, the statements of Basavagouda Patil and Ishwar Patil have been recorded and voluntary statements of the petitioners/accused No.1 and 2 have been recorded. In their statements they have stated that Rayappa S/o. Balappa Jiddimani and Siddappa Siddaram Jiddimani have seen the petitioners running away from the scene of offence, which reveals that the petitioners are participated in the offence. It is submitted that the offence alleged is heinous one and the medical reports reveal that death is due to intracranial j 4 haemorrhage with associated injury to the brain as a result of head injury sustained. Hence the learned Govt. Pleader submitted to dismiss the petition. 5. I have heard both the parties and gone through the records. 6. From the FIR it is seen that complaint is made against some unknown persons. Secondly the statements of Basavagouda Patil and Ishwar Patil to the effect that these petitioners have been seen running away from the scene of offence is insufficient to hold that these petitioners have committed the offence. 7. Under these circumstances, I deem it proper to extend the benefit of bail to the petitioners. Accordingly, I pass the following: ORDER Petition is allowed. Petitioners are admitted to bail subject to following conditions: 5 i. They shall execute bond for a sum of Rs.25,000/- each with one surety for the like sum to the satisfaction of the trial Court, as the case may be. ii. They shall not tamper the prosecution material or prevail upon witnesses by any means. ili. They shall not leave the jurisdiction of the concerned Court without prior permission. iv. They shall mark their attendance before the jurisdictional police once in fortnight until further orders. Sd! JUDGE gab/