-1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25TH DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10358/2011 Between: 1. Sri.Basappa S/o.Mallappa Kadrolli, Age 50 years, 0cc.: Agriculture, R/o.Kadatanal, Tq.: Bailhongal, Dist.: Belgaum. 2. Gangappa Basappa Bommannavar, Age 25 years, 0cc.: Agriculture, R/o.Kadatanal, Tq.: Bailhongal, Dist.: Belgaum. 3. Nagappa Basappa Bommannavar, Age 23 years, 0cc.: Agriculture, R/o.Kadatanal, Tq.: Bailhongal, Dist.: Belgaum. 4. Sri.Basappa Gangappa Sannagoudar, Age 40 years, 0cc.: Agriculture, R/o.Hosatti, Tq. & Dist,: Dharwad. Petitioners (By Sri.K.L.Patil for Sri.Girish S.Hiremath, Advocate) And: The State of Karnataka, Through Kittur Police, Rep. by SPP, High Court Circuit Bench, Dharwad. Respondent (By Sri. Vinayak Kulkarni, HCGP) This criminal petition is filed under Section 439 of Cr.P.C seeking that the petitioner be ordered to be released .3 -2- on bail in Kittur police Station, Crime No.315/2010 for the alleged offences u/s. 143, 147, 109, 439, 436, 504, 307 r/w. 149 of IPC. This petition coming on for orders this day, the Court made the following: ORDER Heard the petitioners counsel and the learned High Court Government Pleader for the State in respect of the bail sought by the petitioners who are accused of having committed offences punishable under Sections 143, 147, 109, 429,436, 504, 307 read with Section 149 of IPC. 2. The complaint allegation in short is that, the complainant told 1st petitioner herein not to drive the tractor in drunken condition and tractor was also stopped by the complainant and his son and this was the reason which led to the incident which took place on 21.11.2010 when the accused persorpiw said to have set fire to the cattle shed of the complainant and thereby two cows and two buffalo were burnt and apart from that, the complainant also sustained injuries. 3. The learned counsel for the petitioners submits that the charge sheet is filed and the petitioners are in custody for nearly four months. Therefore taking note of the nature of the offence alleged and the punishment prescribed, the petitioners be released on bail and they will abide by the conditions to be imposed on them. 4. Submission of the learned High Court Government Pleader for the State is that, the petitioners have caused the loss of cattle shed apart from causing death of two buffalo and two cows and referring to the objections field by the State it is submitted that the petitioners are not entitled for bail. 5. Taking note of the nature of the complaint allegations and petitioners are said to be in custody for nearly four months and charge sheet having been filed, taking all these factors into account, in my view, all the petitioners can be released on bail by imposing conditions and in arriving at this conclusion, I have also taken note of the wound certificate produced in respect of the injuries and the injuries sustained by him are simple in nature. -4- 6. For the above reasons petitioners can he released on bail subject to the following conditions. i) The petitioners shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. ii) They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) They shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. iv) They shall not involve themselves in like offences in future. Sd! Vnp*