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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 29TH DAY OF MAY, 2014

BEFORE:

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

CRIMINAL PETITION NO.3107 OF 2014

Between:

1. M.S.Nagaraj, S/o Suraiah, Aged about 40 years, R/at Hudem Village, Taluk, District Pin Code – 583 218.

2. Rudramuni, S/o Suraiah, Aged about 40 years, R/at Hudem Village, Kudligi Taluk, Pin Code – 583 218.

3. Pradeep S/o M.S.Nagaraj, Aged about 19 years, Hudem Village, Kudligi Taluk, Bellary District Pin Code – 583 218.

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4. Ashok S/o late Basavaraj, Aged about 21 years, Hudem Village Kudligi Taluk, Bellary District Pin Code – 583 218.

5. Bosaiah S/o Basavaraj, Aged about 28 years, Hudem Village, Kudligi Taluk, Bellary District Pin Code – 583 218.

6. Nagaraj, S/o late Ballari Basanna, Aged about 28 years, Hudem Village, Kudligi Taluk, Bellary District Pin Code – 583 218. ..Petitioners

(By Sri.Nagaraja G.Manjunatha, Advocate)

And:

State by P.S., Bellary Represented by The State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001. ..Respondent (By Sri.K.R.Keshava Murthy, Addl.SPP) 3

This Criminal Petition is filed under Section 438 CR.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.59/2014 of Hosahalli P.S., Bellary District, for offences punishable under Section 143, 147, 148, 504, 324, 506, 307 r/w Section 149 of Indian Penal Code.

This Criminal Petition coming on for orders this day, the court made the following:

ORDER

Heard the learned counsel for the petitioners and the Additional State Public Prosecutor.

2. The present petitioners are all accused of having assaulted the complainant on the footing that there was earlier enmity between the complainant and the petitioners who belong to a different political party and it is in that background that the petitioners have all been implicated in the criminal case for the offences punishable under Sections 143, 148, 504, 324, 506,

307 read with 149 of Indian Penal Code.

3. The learned counsel for the petitioners would state that the very allegations are politically motivated. 4

The complainant is said to belong to the Congress party and the petitioners belong to some other political party.

It is alleged that since the petitioners were supporting the other party, the complainant, in order to implicate the petitioners, out of a sheer grudge, had got himself admitted in hospital and lodged a complaint against the petitioners claiming that he was seriously injured by the petitioners in the alleged attack. It is seen from the medical report, that is relied upon, that there were some minor injuries which does not lend gravity to the allegations at all and invocation of Section 307 of Indian

Penal Code has even impressed the Court below in rejecting their petition for anticipatory bail and hence the petitioners are before this Court.

4. It is pointed out that accused No.4 has been granted the relief of anticipatory bail, however the anticipatory bail prayed for by these petitioners has been refused. Given the circumstances of the case, the 5

allegation that all these petitioners had attacked the complainant when there were only minor injuries would lend credence to the claim of the petitioners that complaint itself is motivated. Therefore, given the minor nature of the offence alleged, a serious view being taken of their conduct would result in miscarriage of justice.

Hence, the petition is allowed.

Accordingly the petitioners, in the event of their arrest, shall be enlarged on bail on furnishing a self- bond for a sum of Rs.25,000/- each with a solvent surety for a like sum to the satisfaction of the Court below, subject to the following conditions.

i) The petitioners shall not tamper with evidence or influence the prosecution witnesses if any, in any manner.

ii) The petitioners shall attend the Court on all dates of hearing.

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iii) The petitioners shall not leave the jurisdiction of the court below without prior permission.

Sd/- JUDGE

ln.