IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 8” DAY OF APRIL, 2011 BEFORE HON’BLE MR. JUSTICE V. JAGANNATHAN NO. 10385 2011 Between: 1. Balappa S/o.Shenkrappa Kamate. Age 22 years, 0cc.: Agriculture, R/o.Sunadholi, Tq.Gokak. Dist.Belgaum. 2. Irappa S/o. Shivalingappa Pawadi, Age 22 years, 0cc.: Agriculture, R/o.Sunadholi, Tq.Gokak, Dist.Belgaum. Petitioners (By Sri.M . B. Gundwade, Advocate) And: State of Karnataka, Through State Public Prosecutor, High Court Dharwad, By Kulagod Police. Respondent (By SrLVinavak Kulkarni. HCGP) This criminal petition is filed u/S.439 of Cr.P.C. seeking that the petitioner be ordered to be released on bail in S.C.No.333/2010 Fast Track Court & Addl. Sessions Judge, Hukkeri, sitting at Gokak, (Kulgod Police Station in Crime No.83/2010) for the alleged offences p/u/s. 143, 147, 148, 307, 427, 336, 114, 120(B), 504. 506, r/w. 149 of IPC and 3, 5. 25(IB)(A). 27 of the Arms Act. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard both sides in respect of the bails sought by the petitioners A-4 and A-20 who are among other accused persons, against whom the case is registered in Crime No.83/20 10 for the offences punishable under Sections 143, 147, 148, 302, 504, 506 and 109 of the IPC and Section 25(1) of the Indian Arms Act. 2. The prosecution case in short is that, the following the incident that took place with three persons being killed which led to a case being registered in Crime No.83/20 10, the present petitioners and others were went to the house of one Shivalingappa Shivarudrappa Madhubhavi, Bhimappa, Shrishail Wali and Murigeppa Patil and told them that they had killed three persons and they will kill the remaining persons also belonging to Lingayath comminity and the accused broke the doors of the house and four motorcycles. 3. For having threatened in the said manner the accused persons therefore were roped in Crime No.83/20 10 in respect of the aforementioned offences. 4, As this court had earlier rejected the application of A-20 on merits, now once again bail cannot be granted to him, merely because charge sheet is filed. However, as far as the l petitioner, who is A4 is concerned, taking note of the nature of the complaint allegations and the accused having given threat to the complainant’s group, in my view, the 1st petitioner can be released on bail by imposing conditions. 5. Hence I pass the following order: Bail application of A2O, who is the 2’ petitioner herein, is rejected and the 1st petitioner, who is A-4, shall be released on bail subject to following conditions: i) 151 Petitioner shall be released on bail on his executing a personal bond for Rs.5O,OOO/ with two sureties for the like sum to the satisfaction of the trial court. ii) He shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) He shall mark attendance before the jurisdictional police station on every Wednesday and Sunday between 10.00 a.m and 5.00 p.m. iv> He shall not involve himself in like offences in future. v) He shall not visit the place of the complainant’s party till the trial is over. Sd! Vnp* JUDGE