Sri M Muniyallappa vs State of Karnataka

Since these two petitions are in respect of the same crime number and similar questions of law and facts are involved in both the petitions, they

are taken together to dispose of them by this common order in order to avoid repetition of discussion of law and facts.

Crl.P.No.734/2018 is filed by accused No.10 under Section 438 of Cr.P.C seeking anticipatory bail and Crl.P.No.733/2018 is filed by

accused No.13 under Section 439 of Cr.P.C. seeking regular bail for the offences punishable under Sections 143, 144, 147, 148, 341, 323, 324,

307, 504, 506, 109 and 120B r/w Section 149 of IPC registered in respondent - police station Crime No.418/2017.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.10 and 13 respectively and also the learned High Court

Government Pleader appearing for the respondent-State in respect of both the petitions.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Learned High Court Government Pleader during the course of his arguments opposed the petitions contending that totally 14 accused persons

are involved in this case. There is a prima facie case as against accused Nos.10 and 13 regarding their involvement in committing the alleged

offences. As such, petitioners are not entitled for grant of bail.

Learned counsel for the petitioners in both the petitions during the course of their arguments submitted that this Court has already granted bail to

accused Nos.2 to 6 and 9. They have produced the copy of the order dated 23.1.2018 of this Court passed in Crl.P.No.138/2018 c/w

9979/2017 in respect of accused Nos.2 to 5 and 6. I have perused the said order.

This Court, in the above referred petitions, has already considered the entire merits of the case and ultimately, allowed the petitions and granted

bail to accused Nos.2 to 5 and 6. Apart from that, while hearing the petitions, the counsel on both sides submitted that the injured is already

discharged from the hospital, which shows that for the present he is safe and his life is out of danger. The alleged offence under Section 307 of IPC

though non-bailable, but not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that by imposing reasonable

conditions, both the petitions can be allowed for grant of anticipatory bail as well as regular bail respectively.

Accordingly, both the petitions are allowed. The petitioners are granted anticipatory bail and regular bail respectively, for the alleged offences

punishable under Sections 143, 144, 147, 148, 341, 323, 324, 307, 504, 506, 109 and 120B r/w Section 149 of IPC registered in respondent -

police station Crime No.418/2017.

The respondent-Police are directed to enlarge the petitioner/accused No.10 in Crl.P.No.734/2018 on bail in the event of his arrest, subject to

the following conditions:

i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one surety for the likesum to the satisfaction of the arresting authority.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further

investigation.

iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety

bond.

Petitioner/accused No.13 in Crl.P.No.733/2018 is ordered to be released on regular bail, subject to the following conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- and furnish one surety for the likesum to the satisfaction of the concerned

Court.

(ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

(iii) Petitioner shall appear before the concerned Court regularly.