- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR CRIMINAL PETITION NO.

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1 - 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17 TH DAY OF AUGUST 2015 BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR BETWEEN CRIMINAL PETITION NO / S.K.MANJUNATH NAIK S/O SAKRA NAIK AGE 27 YEARS OCC: SHEET CENTERING WORK R/O CHIKKAJOGIHALLI THANDA, KUDLIGI 2. K.G. SANTOSH NAIK S/O GOPYA NAIK AGE:27 YEARS OCC. SHEET CENTERING WORK R/O CHIKKAJOGIHALLI THANDA, KUDLIGI 3. REGHAVENDRA NAIK SON FO SAKRA NAIK AGED ABOUT 22 YERARS HINDU 1 ST YEAR B.A. STUDENT, R/O CHIKKAJOGIHALLI THANDA KUDLIGI TALUK... PETITIONERS (BY SRI.HARISH S.MAIGUR, ADVOCATE) AND THE STATE OF KARNATAKA (BY HOSAHALLI P.S.) BY ITS STATEJ PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD... RESPONDENT (BY SMT.VEENA HEDGE, HCGP)

2 - 2 - THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.102/2015 REGISTERED BEFORE HOSAHALLI P.S. U/S 504, 323, 307, 302, 114 R/W 34 OF IPC, PENDING INVESTIGATION OF THE SAID CASE. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioners have filed this petition under Section 439 of Cr.P.C. for their enlargement on bail in Crime No.102/2015 of Hosahalli Police Station for the offences punishable under Sections 302, 504, 323, 307, 114 read with Section 34 of IPC. 2. These petitioners along with one Shankar Naik abused the deceased and his family members in filthy language and in the process, the accused No.1 Shankar Naik stabbed the deceased on his chest and thereby he died on the spot. A crime came to be registered against all these petitioners, who are associates of Shankar Naik. During the course of investigation, all these petitioner including the Shankar Naik have been arrested. The bail

3 - 3 - application filed by these petitioners before the Sessions Judge, Bellary sitting at Hospete came to be rejected by order dated Hence, this application for their enlargement on bail. 3. The learned Government Advocate opposed the bail petition. 4. heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent State. Perused the records. 5. From the perusal of the contents of the complaint and the statement recorded by the Police during the course of investigation, it is abundantly clear that it is the accused No.1 Shankar Naik who took out a knife and stabbed the deceased on his chest, causing his death on the spot. These petitioners have assaulted him with fist. As such at this stage, it cannot be said that the offence committed by these petitioners come within the purview of the offence punishable under Section 302 of IPC. Other

4 - 4 - offences are neither punishable with death or imprisonment for life. The petitioners are in judicial custody ever since the date of registration of the crime, for almost more than two months. They have undertaken to abide by any conditions that may be imposed by the Court and to offer proper surety for their enlargement on bail. Having regard to the role played by these petitioners in the alleged incident and that they have undertaken to abide by any conditions that may be imposed by the Court, I pass the following: ORDER The petition is allowed. The petitioners are hereby enlarged on bail in Crime No.102/2015 of Hosahalli Police Station, on their executing a self-bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with surety for the likesum to the satisfaction of the Officer-in-charge of Hosahalli Police Station and subject to the following conditions:

5 - 5 - i) The petitioners shall not tamper with the prosecution witnesses or hamper the process of investigation. ii) The petitioners shall mark their attendance before Hosahalli Police Station on every Sunday in between 9.00 a.m. to 5.00 p.m. till the final report is submitted. iii) The petitioners shall not leave the jurisdiction of Bellary District without prior permission of the Magistrate. Vnp* Sd/- JUDGE