IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 4th DAY OF MARCH 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10241/ 2011 BETWEEN: Bharamappa, S/o. Balappa Abbigeri Age: Major, 0cc: Agriculture R/o. Hirekoppa, Tq: Ron, Dist. Gadag PETITIONER (By Sri. K. L. Patil, Adv.) AND: The State of Karnataka By Gajendragad P.S. Represented by SPP RESPONDENT (By Sri. Vinayak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 438 CR.P.C. SEEKING TO ENLARGE THE PETITONER ON ANTICIPATORY BAIL IN CONNECTION WITH GAJENDRGAD P.S. CRIME NO.104/2010 WHICH IS REGISTERED FOR THE OFFENCES P/U/S 143, 147, 148, 506, 302 R/W 149 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard both sides in respect of anticipatory bail sought by the petitioner, who is accused No.2 in respect of offences alleged under Sections 143, 147, 148, 506, 302 R/w 149 of IPC in Crime No.104/2010. 2. The petitioner’s Counsel submits that the other accused persons have been granted bail by this Court in Criminal Petitions No.8419/2010 and 10088/2011 and therefore, this petitioner also be released on bail. 3. On the other hand, submission of the learned High Court Government Pleader is that the eye witnesses’ statement indicate the presence of this accused also at the time of incident and moreover, it is a case of murder and as such grant of anticipatory bail does not arise. 4. Having heard both sides and considering the serious nature of offences alleged and eye witnesses statement also mentioning the name of this petitioner, though this Court has granted bail to other accused persons, question of grant of anticipatory bail, however, does not arise and the petitioner can move the trial Court for regular bail. 5. For the above reasons, the petition is rejected. However, this shall not come in the way of the trial Court considering the bail application, if filed by the petitioner for grant of regular bail and the application can be disposed of preferably on the same day. Sd! ah