High CourtsSingle Bench(2009) 05 KAR CK 0023

Arjun Belmar Rao and Abhishek Belmar Rao vs The State of Karnataka

Karnataka High Court · Decided on 21 May 2009

HON’BLE JUDGES
V. Jagannathan, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1649 of 2009

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Judgment

12 paragraphs · 393 words

V. Jagannathan, J.—Heard the learned Counsel on both sides.

2.

Anticipatory bail is sought for by the petitioners in respect of a case registered against them in Crime No. 209/2009 for the offences punishable under Sections 323, 324, 504, 143, 147, 148, 307, 506(B) r/w. 149 IPC and 27 of Arms Act, 1959.

3.

According to Sri S.G. Bhagawan, learned Counsel appearing for the petitioners, in connection with the digging bore well, the petitioners assaulted the complainant and therefore, the complainant lodged a complaint with the police and a case is registered against the petitioners in Crime No. 209/2009 for the offences punishable under Sections 323, 324, 504, 143, 147, 148, 307, 506(B) r/w. 149 IPC and 27 of Arms Act, 1959. The petitioners are innocent and they have not committed any offence as alleged in the complaint. The case is registered as a counter blast to the earlier case registered in Crime No. 208/2009.

4.

The learned Government Pleader appearing for the State opposes the bail petition by contending that the petitioners committed offences alleged against them.

5.

Having thus heard both sides and taking note of the offences alleged, I am of the view that anticipatory bail can be granted by directing the petitioners to move the trial court for regular bail.

6.

In the result, the anticipatory bail petition is allowed subject to following conditions

(a) The petitioners shall be released on bail in the event of their arrest in connection with crime No 209/2009 of Peenya Police Station, on executing a personal bond for a sum of Rs. 50,000/- each with one solvent surety each for the likesum to the satisfaction of the arresting police officer.

(b) The petitioners shall surrender before the trial Court and move for regular bail within one month from the date of this order.

(c) The petitioners shall not tamper with the prosecution witnesses and shall co-operate with the investigating officer by making themselves available for investigation as and when it is necessary.

(d) The petitioners shall not tamper the evidence and shall not threaten the witnesses, in any manner.

(e) The petitioners shall mark their attendance before the concerned Police Station on every Saturday between 10 a.m. to 5 p.m.

This order shall be in force till the trial court passes an order on regular bail application to be filed by the petitioners.