Basavarajappa and Kumar vs State of Karnataka

V. Jagannathan, J.—Heard both sides in respect of bail sought by the Petitioners who are accused Nos. 2 and 4 in the case registered in Cr. No. 302/10 in respect of offences punishable under Sections 143, 147, 498-A, 302 read with 149 of IPC.

Submission of the Petitioners counsel is that, the Petitioners are not the persons who have committed the murder of deceased Gowramani, wife of A-7 Mahesh and merely because the Petitioners names are mentioned in the complaint, it cannot be said that they have committed the act of killing the deceased. Moreover, the trial court has granted anticipatory bail to accused Nos. 5, 6, 7 and 9 to 11.

Submission of learned Addl. S.P.P. for the Respondent-State is that, even as per the prosecution version, accused No. 1 is said to have assaulted the deceased with stone and he also made extra judicial confession before one Lokesh.

Having regard to the aforesaid submission made, except that the Petitioners are said to have given instigation, there are no other overt acts alleged against them. Therefore, the Petitioners can be released on bail by imposing conditions.

In the result, the petition is allowed subject to following conditions:

In the event of the arrest of Petitioners by the concerned police in connection with Cr. No. 302/10, they 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 arresting police officer.

They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner.

They shall co-operate with the investigating agency and assist them.

They shall appear before the investigating officer as and when they are called upon to do so.

They shall mark their attendance before the jurisdictional police station on every Saturday between 10.00 a.m. and 5.00 p.m.

They shall not involve themselves in the commission of offences of like nature in future.