H.Manjunath a Davi v. The State of Narnataka

(By Shri Rajashekar Gunjalli, Advocate) . Petitioners . And: The State of Narnataka. Represented by its S.RP., High Court Building, Dharwad. (By Shri Vinavak S. IKulkarni, H.C.G.P.) . Respondent . . This criminal petition is filed under Section 438 of the Code of Criminal Procedure seeking to allow We petition in Crime No.105/201 1 Station Gangavthi, for the offences punishable under Sections 143, 147, 323, 324, 504, 506 read with Section 149 and 364 of the Indian Penal Code. anticipatory the Town granting Police This criminal petition coming on for orders this clay, the Court made the following: ORDER Heard Shri Rajashekar Gunjalli, learned counsel appearing for the petitioners and Shri Vinavak S. IKulkarni, learned H.C.G.P. for the State.

The petitioners have filed this Petition for anticipatory bail in Crime No.1 05/201 1 of Town Police Station, Gangavathi, for the offences punishable under Sections 143, 147, 323, 324, 504, 506 read with Section 149 and 364 of the Indian Penal Code, on the ground that the complainant by name \!enkatesh. was taken by -3.. the accused to Saibaba temple in Gangavathi and that while so taking in a car bearing registration No.KA 37/M-3 192, the petitioners had attempted to commit his murder. One Davi assaulted him on his head and others assaulted him on his hand.

It is seen that the Police have subsequently added 364 of the Indian Penal Code to the original First Information Report. Having regard to the fact that the injured is recovered and that he is out of danger, I am of the opinion that the petitioners are entitled for anticipatory bail.

Accordingly, the petition is allowed, in the event of arrest in Crime No.105/201 1 of Gangavathi Town Police Station, the petitioners shall be released on bail, on their executing a personal bond for a sum of Rs.25,000/- each with one surety each for the like sum to the satisfaction of the trial Court.