p. iN THE HiGH COURT OF KARNATAKA CIRCUIT BENCH, DHARAWAD Dated the 19th day of April 2011 :BEFORE: HON’BLE MR.JUSTICE : V.JAGANNATHAN CRIMINAL PETITION No. 10558 / 2011 BETWEEN: Durgappa Devendra Tiriapur Bedasur, Age: about 42 years, 0cc: Service, R/o Police Quarters, Karawara Road, Hubli, Dharawad District. Petitioner (By Sri Suresh P.Hudedagaddi, Advocate.) AND: The State of Karnataka, rept. by its SPP, High Court Building, Circuit Bench, Dharawad. Respondent (By Sri Anand K.Navalgimath, HCGP.) Criminal Petition filed under Section 439 of the Cr.P.C. seeking to release the petitioner kon bail in Ashoknagara Police Station, Hubli, in Crime No. 13/2011, registered for the offences punishable under Sections 109 and 307 read with 34 of the I.P.C. This petition coming on for orders this day, the court made the following: ORDER The petitioner seeks bail following a case being registered against him in Crime No. 13/2011 in respect of the offences under Sections 109 and 307 of the I.P.C. on the complaint allegations that the petitioner was travelling in an autorikshaw and he told the driver to hit the complainant, who was walking near Ashoknagara Police Station on 26.2.2011. 2. The learned counsel for the petitioner submits that the petitioner is a police constable and the complainant claims to be his second wife and even as per the wound certificate, out of three injuries, two are simple in nature and the entire complaint is a false one to harass the petitioner. 3. Taking into account the above submissions made and the nature of the injuries suffered by the complainant and the allegation against the petitioner being that he, while travelling in an autorikshaw, gave the driver instigation to run the vehicle over the complainant and the complainant also being said to be the second wife of the petitioner, in m vicu, the petitioner can be released on bail as likelihood of the petitioner fleeing from justice will not arise as he happens to be in service as a police constable. If tampering of evidence takes place. that also would he viewed seriously by the department. 4. ln the result, the petition is allowed and the petitioner be released on bail on his furnishing a personal bond for Rs.25,000/- with two sureties for the like sum to the trial courts satisfaction and he shall not tamper with the evidence and shall not give threat to the complainant in any manner and shall also mark his attendance before the Ashoknagara Police Station on every Sunday at any time between 10.00 a.m. and 5.00 p.m. and shall not involve himself in the like offences in future. Violation of any of the conditions will lead to cancellation of bail. SdI JUDGE ckc/