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Judgment
H.S. Kempanna, J.—The petitioners who are arrayed as A-9, 10, 11 in Spl. C. No. 76/2013 on the file of Addl. Sessions and Special Judge, Hassan, registered for the offences punishable under Sections 143, 147, 504, 323, 324, 302 R/W. 149 of IPC and Sec. 3(1)(x), 3(2)(v) of SC/ST (PA) Act, 1989 and Sec. 24(c)(ii) of Karnataka Forest Act, 1961, are before this Court praying for enlarging them on bail pending disposal of the trial in the aforementioned special case. It is the case of the prosecution, on 4.6.2013 at about 4.00 p.m. the complainant, deceased, witnesses cited in the charge sheet and other persons had been to Chowdammana Temple situated near Bisile Gadi forest guest house to perform pooja. After performing pooja all the persons who had come to the temple had assembled near the guest house to have their food. At that time, it is alleged these petitioners and other accused in the case numbering to 17 persons who were boozing inside the guest house came out of the guest house, picked up quarrel with the complainant and other persons who had assembled near the guest house to take their food, kicked the food that they had kept at the said place and abused them by taking out their caste name. It is further alleged that among the said persons, when the deceased Halappa went to bring water from the tap situated behind the guest house, he is alleged to have been abused by taking out his caste name saying that he and others are not entitled to take water from the tap as they belong to SC/ST community and further directed him to bring water from near by the running river. At that time, it is alleged the accused apart from abusing the said persons including the deceased assaulted him with clubs, stones and committed his murder.
Learned counsel for the petitioners submits that A. 3 to A. 9, A. 12 and A. 15 in this very case have been granted anticipatory bail by this Court. He further submits that among other accused, A. 17 and A. 18 have been granted regular bail by the jurisdictional Sessions Judge. Apart from the same, A. 1 has also been granted regular bail by this Court. He submits that entire material on record does not reflect the specific overt act as against these petitioners vis-�-vis either the complainant or the deceased. He further submits in view of the other accused having been granted anticipatory bail and regular bail by the learned Spl. Judge and by this Court respectively, as the case of the petitioners does not stand on a different footing than that of the said accused, they also be released on bail.
Learned High Court Government Pleader opposing the application filed by the petitioners contended the material on record reveals that this petitioners along with other accused in the case on the date, time and place having formed themselves into an unlawful assembly armed with deadly weapons like clubs, stones and in furtherance of common object of their unlawful assembly have not only abused the complainant and other persons who had gathered near the guest house by taking out their caste name, but also have committed the murder of the deceased Halappa. There is no reason whatsoever to discard the materials now collected and placed before the Court. Therefore, he submits, since a prima facie case against these petitioners has been made out for the offence u/s 302 of IPC, they are not entitled to be released on bail. It is not in dispute that all other accused in the very case have already been granted anticipatory bail and regular bail by the learned Special Judge and by this Court. Since the material now on record does not specify the overt act of these petitioners vis-�-vis either on the complainant or the deceased and other persons who had actually gathered at the said place and taking into account all other accused have also been granted anticipatory bail and regular bail, as he is in custody since 07.06.2013, in the circumstances, I do not find any justification to decline the request of the petitioners. Accordingly, I proceed to pass the following:-
ORDER
Petition is allowed.
The petitioners are ordered to be released on bail on their executing a personal bonds in a sum of Rs. 50,000/- each with one surety for the like sum to the satisfaction of the learned Special Judge subject to the following conditions:-
The petitioners shall not tamper with the prosecution witnesses.
The Petitioners shall attend the Court on all the dates of hearing.