IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, DHARAWAD Dated the 30th day of March 2011 :BEFORE: HON’BLE MR.JUSTICE : V.JAGANNATHAN CRIMINAL PETITION No. 10357 / 2011 BETWEEN: 1. Shri Bhimappa Siddappa Davaleshwar, Aged about 56 years, 0cc: Agriculture. 2. Shri Siddappa Bhimappa Davaleshwar, Aged about 19 years, 0cc: Agriculture. Both are r/o Dhavaleshwara, Gokak Taluk, Belgaum District. Petitioners (By Sri Ashok R.Kalyanashetty, Advocate.) AND: The State of Karnataka, b its State Public Prosecutor, Advocate General’s Office, High Court Circuit Bench Premises, Dharawad. Respondent (By Sri Vinayak Kulkarni, H.C.G.P.) Criminal petition filed under Section 439 of the Cr.P.C. seeking to grant bail to the petitioners in Crime No.150/2010 of Kuigod Police Station, registered for the offences punishable under Sections 143, 147, 148, 302 and 307 read with 149 of the I.P.C. This petition coming on for orders this day, the court made the following ORDER Th petitioners, who are A-12 and A-4 respectively in the case registered in Crime No. 150/2011, are before this court seeking bail under Section 439 of the Cr.PC, 2. The case of the prosecution as per the complaint lodged by one Rukmavva, wife of deceased Yallappa Pujeri, is that, on 23.9.2010, at about 11.15 a.m., her husband, accompanied by Laxman Siddappa Dhavaleshwar and Nabisab Jangalsab Mulla, went in the motorcycle, which was newly purchased by Nabisab and thereafter, around 12.30 p.m., the complainant was informed that the motorcycle in which Nabisab Mulla had gone, was found lying damaged in the road and by the side of that road, Yallappa Pujeri was also found dead and Nabisab and Laxman Siddappa Dhavaleshwar also had fallen having sustained injuries. Therefore, the complainant, on getting the said information, vent to the spot and noticed all these persons and also found reapons lying there and, according to the complainant, because of the previous enmity, the accused persons had conspired to take away the life of her husband Yallappa Pujeri and also caused injuries to others. Later, Laxman Siddappa Dhavaleshwar also died. 3. The learned counsel for the petitioners submits that even as per the prosecution material collected so far, the incident is said to have taken place when the motorcycle in which the deceased was going along with others was hit by a tempo trax in which some of the accused persons were travelling and the said tempo trax dashed to the motor cycle and this led to the injuries and death of two persons. But, however, the petitioners herein were found in the tempo trax vehicle and the only allegation against them is that, they were also part of the conspiracy hatched by A-i. Moreover, the other accused persons, who are similarly placed viz., A-2, A-3, A-5 to A-iO and A-15 have been released on bail and, 4 therefore, the present petitioners also be granted the similar relief. 4. The submission of the learned Government Pleader for the State is that, the statement of C.W.36 shows that these petitioners are also part of the conspiracy hatched by A-i and, therefore, referring to the objections filed, the submission made is that the petitioners are not entitled for bail as there are number of eye-witnesses to the incident and some of them are C.Ws.26 and 29, and more over, charge-sheet has been submitted by the police. 5. Having thus heard both sides and taking note of the fact that the charge sheet has been submitted and the allegation against the present petitioners is that, they are part of the conspiracy and the other accused similarly placed having been let on bail and the petitioners being not found with the accused who travelled in the tempo trax, which had hit the motorcycle in question, taking all these into account, in my view, the petitioners can be released on bail by imposing conditions. 6. Hence, the following order is passed: The petition is allowed and the petitioners shall be released on bail on their executing a personal bond for Rs.25,000/- each with two sureties for the like sum to the satisfaction of the trial court. They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. They shall mark their attendance before the jurisdictional police station on 15t1 and 3Qth of every month at any time between 10.00 a.m. and 5.00 p.m. They shall not leave their district without the prior permission of the jurisdictional Magistrate. Sd! JUDGE ckc/