1. Learned Senior counsel appearing on behalf of the petitioners submits that petition may be dismissed as not pressed insofar as it relates to accused No.1/petitioner No.1, with liberty to petitioner No.1 to surrender before the jurisdictional Court and file appropriate application seeking regular bail. He submits that in the event of petitioner No.1 surrendering before the jurisdictional Court and filing necessary application seeking regular bail, the said Court may be directed to consider and dispose of the same on merits on the same day.

NC: 2023:KHC:43959 CRL.P No. 11989 of 2023

2. He submits that accused No.2/petitioner No.2 has been arrested during the pendency of this petition. Therefore, petition may be dismissed as against accused No.2/petitioner No.2 as infructuous.

3. The submission of learned Senior counsel is taken on record.

4. Petitioner Nos.3 to 9, who are accused Nos.3 to 9 in Crime No.220/2023 registered by Kumsi Police Station, Shivamogga, for the offences punishable under Sections 143 , 144 , 147 , 148 , 504 , 323 , 324 , 307 , 506 read with Section 149 of IPC, are before this Court under Section 438 of Cr.P.C.

5. Heard the learned Senior counsel for the petitioners and the learned HCGP for the respondent.

6. On the complaint of Sri. Sayyad Majar Sab, dated 11.10.2023, FIR in Crime No.220/2023 was registered by Kumsi Police Station, Shivamogga, against petitioners herein for the aforesaid offences. Apprehending their arrest in the said case, petitioners had filed Crl.Misc.No.1148/2023 before the Court of Prl. District and Sessions Judge, Shivamogga, which -5- NC: 2023:KHC:43959 CRL.P No. 11989 of 2023 was rejected on 10.11.2023. Therefore, they are before this Court.

7. Learned Senior counsel appearing for the petitioners submits that there is a case and counter case in respect of the incident that had taken place on the night of 10.10.2023. On the complaint of accused No.3 in the present case, FIR in Crime No.221/2023 was registered against complainant in the present case and others for the offences punishable under Sections 143 , 144 , 147 , 148 , 504 , 323 , 324 , 307 , 354 , 506 read with Section 149 of IPC and in the said case, learned Sessions Judge has granted anticipatory bail to all the accused persons whereas in the present case, learned Sessions Judge has refused anticipatory bail to all the accused. He submits that a reading of the two complaints, would go to show that there was a free fight between two parties in relation to the dispute between them. Both the parties have suffered injuries in the incident. Accordingly, he prays to allow the petition.

8. Per contra, learned HCGP has opposed the bail petition.

9. From a reading of the material available on record, it is seen that there is a dispute between the two parties and civil -6- NC: 2023:KHC:43959 CRL.P No. 11989 of 2023 cases are also pending. In the alleged incident that had taken place on the night of 10.10.2023, both the parties have fought against each other and suffered injuries. On the basis of the complaint made by accused No.3 in the present case, FIR in Crime No.221/2023 was registered by Kumsi Police Station against Syed Majar and 15 others. Accused No.1 in Crime No. 221/2023 is the complainant in the present case. Offences punishable under Sections 323 , 324 and 307 of IPC read with Section 149 of IPC has been invoked in both the cases registered by Kumsi Police Station. Accused No.1 was earlier convicted for the offence punishable under Section 307 of IPC and the judgment and order of sentence passed against him in S.C.No.111/2017 has been suspended by this Court in Crl.A.No.1187/2022 and he was enlarged on bail. Therefore, learned Sessions Judge has refused to grant anticipatory bail to him. Insofar as accused Nos.3 to 9 are concerned, they were not parties in S.C.No.111/2017. Under the circumstances, I am of the view that the prayer made by accused Nos.3 to 9, who are petitioners Nos.3 to 9 in the present petition, for grant of anticipatory bail is required to be answered in the affirmative. Accordingly, the following order:-

10. Petition as against petitioner No.2 is dismissed as infructuous.

11. Petition as against petitioner No.1 is dismissed as withdrawn. In the event, accused No.1/petitioner No.1 surrenders before the jurisdictional Court and makes appropriate application seeking regular bail, the same shall be considered by the said Court as expeditiously as possible but not later than three days from the date of such application.

12. Insofar as petitioner Nos.3 to 9 (accused Nos.3 to 9), petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner Nos.3 to 9 (accused Nos.3 to 9) in the event of their arrest in Crime No.220/2023 registered by Kumsi Police Station, Shivamogga, for the offences punishable under Sections 143 , 144 , 147 , 148 , 504 , 323 , 324 , 307 , 506 read with Section 149 of IPC, subject to the following conditions:

each with two sureties for the likesum to the satisfaction of the investigating officer.

2. Petitioner Nos.3 to 9 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

3. Petitioner Nos.3 to 9 shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

4. The petitioner Nos. 3 to 9 shall not involve in similar offences in future;