ORAL ORDER

Accused Nos.1 to 4 in Crime No.60/2024 registered by Akkur Police Station, Ramanagara District for the offence punishable Section 302 R/w 34 of IPC are before this Court under Section 438 of Cr.P.C., 2. Heard the learned counsel for the parties.

3. FIR in Crime No.60/2024 was registered by the Akkur Police Station, Ramanagara District for the aforesaid offence against the petitioners on the basis of first information dated 28.04.2024 received from Sri Kumara. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.406/2024 before the jurisdictional Sessions Court, which was rejected on 28.06.2024.

Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that there is a dispute between two parties with regard to construction of compound wall. The death of the deceased was not as a result of assault made by the petitioners. After the death of the deceased, the petitioners have been falsely implicated in a criminal case. The petitioners do not have criminal antecedents. Accordingly, he prays to allow the petition.

5. Per contra, the learned HCGP has opposed the bail application and submits investigation is under progress and therefore, interrogation of the petitioners is necessary. Accordingly, he prays to dismiss the petition.

6. From a perusal of first information dated

28.04.2024 which has resulted in registration of FIR in Crime No.60/2024 against the petitioners it is seen that, the house of the petitioners herein and the house of the first informant and his relatives are adjacent to each other. On 28.04.2024 when the first informant and his family members were in their house, he heard his mother quarrelling with the petitioners herein who are their neighbours with regard to construction of compound wall. When the first informant came out of his house, he saw his mother had fallen on the ground and the petitioners were kicking her. After the first informant intervened and rescued his mother, on enquiry, she informed him that accused persons assaulted her with a stone on her chest. After she fell down, they started kicking her with their legs. Since the injured Gowramma complained about chest pain, she was immediately shifted to Government Hospital, Channapatna and thereafter shifted to Mandya Hospital. But the doctors in the said hospital declared that Gowramma was brought dead. The postmortem report of the deceased would go to show that she had no external injuries on her body. The Medical Officer, after receipt of FSL report has opined that the death was due to coronary insurgency due to insufficient blood supply to heart. After receipt of the said opinion from the Medical Officer, further report was sought by the Police on 08.07.2024 as to whether any external injuries were found on the body of the deceased corresponding to the assault made by the accused. The doctor has given a opinion on 11.07.2024 stating that no external injuries were found on the body of the deceased. The petitioners do not have any criminal antecedents. Petitioner No.2 is the sister of petitioner No.1 and petitioner Nos.3 and 4 are the children of petitioner No.2. Undisputedly, there is a civil dispute between the two parties. Under these circumstances, the prayer made by the petitioners for grant of anticipatory bail is required to be answered affirmatively.

7. Accordingly, the following:

ORDER The Criminal Petition is allowed.

The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.60/2024 registered by Akkur Police Station, Ramanagara District for the offence punishable Section 302 R/w 34 of IPC subject to the following conditions:

1. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety for the likesum to the satisfaction of the investigating officer.

2. The petitioners shall regularly appear before the Trial Court without fail unless exem