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High CourtsSingle Bench(2013) 01 KAR CK 0131

Dayanand Walikar, Siddu Talawar, Anand Herur and Sharanu vs The State of Karnataka

Karnataka High Court · Decided on 3 January 2013

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 15009 of 2013
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Judgment

11 paragraphs · 335 words

Mohan Shantanagoudar

1.

Complaint came to be lodged by Shankargouda Police Patil, which came to be registered in Crime No. 76/2012 in Almel Police Station for the offences punishable u/s 307 read with Section 149 of IPC along with other offences. Petitioners herein are accused Nos. 2, 4, 5 and 6. The first accused is Sanju. It is alleged that on 25.10.2012, there was quarrel between the complainant''s men and the accused and consequently, the accused started abusing the complainant and his family in vulgar language. Thereafter, accused came with sticks and stones; accused No. 1-Sanju assaulted with stick on the complainant and his sister and remaining accused (including the petitioners) abused and assisted Sanju in commission of the offence. Complainant-Shankargouda Police Patil and his sister Sridevi allegedly sustained injuries.

2.

The wound certificates are made available to the Court. Injuries sustained by the complainant and Sridevi are simple in nature. Accused No. 1 is released on bail on 11.12.2012. These petitioners are seeking the order of anticipatory bail.

3.

It appears that the dispute is with regard to a civil matter relating to sand. The first accused who allegedly assaulted the complainant and his sister Sridevi is already released on bail. Having regard to the allegations made against these petitioners, they may be shown leniency. Accordingly, the following order is made:

ORDER

Petitioners shall surrender before the Investigating Officer within three weeks from today. On their surrender, they shall be released on bail on the following conditions:

(1) Petitioners (each of the petitioners) shall execute bond for a sum of Rs. 50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(2) Petitioners shall not tamper with the prosecution witnesses nor they shall abscond.

(3) Petitioners shall mark their attendance before the Investigating Officer on every Sunday between 10.00 AM and 5.00 PM till the completion of the investigation.

(4) Petitioners shall co-operate during the course of the investigation.

Criminal petition is allowed accordingly.