I IN THE HIGH COURT OP KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS TIlE JCr. DAY OF .JUL’i. 2011 BEFORE THE IIONELE \IR.JUSTICE B V.PINTO CRIMINAL. flTITION jO.2flflOU Jw! cRIMINAL PETITION NQ10797fl014 N QRL.PNj).2.Z4j22LI BETWEEN: Shashikantha a Shashi Sb. Keshappa Aged about 30 ears R/o.Vcerapura Oni. Hubli. PETITIONER (B Shri Rai B. Naik. Sri.Cc;unsel with V. M Sheclavant, Ad’ si AND: The State of Karnataka Hubli Tovn Police Rep. bs State Public Prosec utor High Court of Karnataka Bangalore. RESPONDENT iB Shri ina ak S. Kulkarni HCGP 1 S ) IN CBl.P.4\O40797; 201 1 BETWEEN: Rajanikant a Rajani Sb. Kashappa Bijad Age: 36 ears, R o. K. T. Habib 1ilI Veerapur Oni. H ubli. PETITIONER (B Shri Rai B. Naik, Sri.Counsel with V. M. Sherlavant. Advs. AND: The State of Karnataka Rep. h3 its Additional Public Prosecutor High Court of Karnataka Circuit Bench, at Dharuad RESPONDENT (B Shri Vinaak S. Kulkarni. HCGP) Criminal petition No.2834/2011 is filed under Section 438 Cr.P.C pra3irtg to enlarge the petitioner on bail in the event of his arrest in Cr.No.199 2010 of Hubli Town P.S.. which is registered for the offrnee pju/s. 143. 147. 148. 341, 323. 324. 32b, 307. 302 and 10YoflPCRw. 14YoflPC. Criminal petition No. 10797 2011 is filed under Section 439 Cr.P.C seeking to enlarge the petitioner on bail in C.C.No.201 11 (Town P.S. Hubli in Cr.No.1Q9/2010 for the offence p,’u!s. 143. 147. 148. 341. 323. 324. 32b. 307 149 of IPC. ‘F These criminal petitions ( riuna on f r ord’rs this da\. the Court made the tobo\\ in: ORDER These t\\ o petitions are filed seeking ant icipatorv bail and regular hail respectivtsl\ iii Crime \o. 00 20 1 0 of H ubli fo\\ n Police Station br lie otiences ptiinshabie under Sections 143. 147. 148. 341. 323. 324. 320. 307 R/ v 1 40 of I PC. On the death of’ the deceased Palaksha. the police have added Section 302 br the earlier sections. 2. Heard Sri. Ra\ i B. Naik, learned Senior Counsel and Sri. Vina\ak Kulkarni, learned High Court Government Pleader for the State. The learned High Court (io\ erument Pleader filed statement of objections. 3. On the basis of the complaint of one Naveen. the Huhli Town Police have registered the abo\ t’ case alleging that on 23. 1 0.2010. the complainant and his friends by name Pradeep and Palakshva had Oi1v to / .1. watch a mm ie in Apsara Talkies and cit about 3.30 pm, when the’ came out of the talkies. about 7 named persons and about 20 unnamed persons suddenl came near the gate of the talkies and assaulted them ith various eapons like kodli. bead (knife) etc. It is stated in the complaint that the petitioner Rajani has assaulted the deceased Palaksha to his abdomen 1w means of a knife and Shashi has assaulted the injured Pradeep on the back side of his head The deceased Palaksha died on the same day. It is also stated that other accused ha c assaulted the deceased Palaksha In means of various eapons. The deceased as shifted to the hospital by the complainant and the statement was given b him to the police. 4. The learned High Court Goernment Pleader strenuousl3 opposes the applicatiun tor bail on the ground that the injuries No. 14 and 15 sustained b3 the deceased arc reported to be made b the petitioner Rajani. which is the cause of the death of Palaksha. iv 5. Having regard to the number of injuries sustained by the deceased Palaksha and the opinion of the doctor that the death is due to the shock and hemorrhage as a result of injuries sustained, I am of the opinion that the death is due to the effect of 19 injuries suffered bi’ the deceased and it cannot be said that the death has happened only due to the sole injury caused by the petitioner Rajani. Insofar as Shashi is concerned, the injuries sustained by Pradeep are simple in nature as per the wound certificate produced by him. 6. In the circumstances. I am of the opinion that both the petitioners are entitled for bail. The learned High Court Government Pleader submitts that the petitioner Rajani is involved in about 6 cases of Ghantikeri Police Station, 6 cases of Bhendegeri police station and one case in Hubli Town Police Station. Hence it is proposed to impose stringent conditions. Accordingly. the following orders are passed: a -6- ORDER IN CRL.P.NO.2824/201 I Petition is allowed with the following conditions: In the event of arrest of the petitioner in Crime No.199/2010 of 1-lubli Town Police Station, he shall be released on bail on his executing a bond for Rs.25.000/- with one surety for the like sum to the satisfaction of the concerned Police Officer. ii. The petitioner is directed to surrender before the Investigating Officer within 10 days from today. The Investigating Officer is at liberty to detain the petitioner in police custody for a maximum period of three days for the purpose of investigation/interrogation/ identification and recovery. During the period when the petitioner is in police custody, he shall be in custody only between 8.00 am and 6.00 pm. if the police have not . -7- completed the investigation within the said period of three days, the Investigating Officer is at liberty to file an application before the Magistrate to seek further custody of the petitioner. In such event, the Magistrate is at liberty to pass such orders as deemed fit. iii. The petitioner is directed to appear before jurisdictional Magistrate arid offer surety before the Magistrate within four weeks from today and after his arrest and release by the police. iv. The petitioner shall not intimidate the witnesses or tamper with the complainant and injured. v. The petitioner is directed to appear before the Investigating Officer once in a month for a period of six months from today. lf any of these conditions are violated, the jurisdictional Magistrate is at liberty to cancel the bail C -8- and commit him to custody without reference to this Court. IN CRL.P.NO.10797/2010 Petition is allowed with the following conditions: i. The petitioner is directed to be released on bail on his executing a bond for Rs.25.000/- with one surety for the like sum to the satisfaction of the trial Court. ii. The petitioner shall not tamper with the prosecution witnesses. Sd/ JUDGE gab