Sri. Mahadeva Swamy and Others vs State

A.S. Pachhapure, J.—It is on 04.09.2010 in the night at about 7.30 p.m. there was a quarrel near tree at Saraguru Hobli Hadanuru village and same was noticed by the complainant and he found that the accused Shivaranju and others were quarreling. The accused with an object of causing the death Shivaranju sail to have caused the assault on the neck with the chopper and he was shifted to hospital for the purpose of the treatment. It is in these circumstances the complaint came to be registered for the offence punishable under Sections 143, 144, 147, 148, 307 read with 149 of IPC.

The Petitioners submit that they are innocent and have not committed any offence. Further it is revealed from the case of the prosecution that Shivaranju had teased the wife of the first Petitioner and because of which incident said to have occurred and for this reason there was an assault with the choppers. It is submitted before the court that the investigation is over and charge sheet has been filed against the accused. They have sought for anticipatory bail apprehending arrest in respect of non-boilable offence, Taking into consideration the motive that has been put forth the nature of assault, the fact that the incident is said to have occurred in the night, I am of the opinion that the Petitioner No. 1, 2, 4 and 6 are entitled to anticipatory bail sought for. So far as the Petitioners 3 and 5 are concerned it is stated that they have already surrendered before the police and does not press the petition so far as the Petitioners 3 and 5 are concerned.

In that view of the matter the petition is allowed. Petitioner No. 1, 2, 4 and 6 are ordered to be released on anticipatory bail on their executing a personal bond for a sum. of Rs. 25,000/- each with one solvent surety for the likes urn each to the satisfaction of the arresting authority with the further following conditions:

(i) That the Petitioners 1, 2, 4 and 6 shall appear before the concerned police within fifteen days from the date of this order.

(ii) They shall not directly or indirectly, mate any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer,

(iii) They shall be made available for interrogation by a police officer as and when he is required.,.

(iv) They shall attend the Court as and when directed.

(v) They shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.