BALAYYA KOTEMANI Vs. STATE OF KAMATAKA

JUDGEMENT

(1.) The petitioners having been arrested for the charge under Sections 341, 143, 147, 148, 504, 323, 302 R/w. Sec. 149 of IPC have approached this Court for grant of bail. The facts reveal that Hanmanth (deceased) had agreed to sell his land to petitioner Nos. 1 to 6, he did not execute the sale-deed in favour of said petitioners. However, he sold the said property to one Abeed Khadri. On 15.08.2012, when Hanmanth (deceased) was working in the land of Abeed Kahdri, at about 4.00 p.m. he went to Manvi to purchase grocery articles. Cm the said day, it is alleged that Accused Nos. 7 and 8 went on motorcycle at the place of the incident and while Hanamanth (deceased) was returning to his village, the said accused were armed with axes, caused assault on the deceased and the fact of assault was informed to the complainant who is the son of the deceased. Thereafter, he filed a complaint to the police alleging that the petitioners and Accused Nos. 7 and 8 conspired to commit the murder of Hanamanth and Accused Nos. 7 and 8 said to have caused his assault with axes.

(2.) The petitioners submit that they are innocent, they have not committed any crime and are ready and willing to abide by any of the conditions that may be imposed by this Court for their release. The learned High Court Government Pleader opposed the application and submits that the petitioners are the persons who conspired with Accused Nos. 7 and 8 therefore, they do not deserve any order of bail in their favour.

(3.) As could be seen from the allegations in; the complaint and also the statement of the eye-witnesses made available before this Court, there is specific overt-act attributed only against Accused Nos. 7 and 8 who are said to have gone to the place of the incident on the motorcycle and caused assault on the deceased with the axes. There is no specific overt-act attributed against the petitioners in the crime alleged. In that view of the matter, I am of the opinion that it is a fit case, wherein the bail has to be granted. In the result the petition is allowed. The petitioners are ordered to be released on bail on their executing personal bond for two solvent sureties each for the likesum to the satisfaction of the learned Magistrate/Sessions Court with the further following conditions: