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IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 24™ DAY OF AUGUST, 2009 BEFORE THE HON’BLE MR JUSTICE HUI.UVAD! G RAMESH CRIMINAL PETITION 2009 BETWEEN: BASAPPA SIDDAPF.4 MALAGAVI S/O SIDDAPPA MALAGAVI AGED ABOUT 53 YEARS. OCC: AGRICULTURE R/O TAVANSHI TALUK: ATHANI DISTRICT: BELGAUM PETITIONER (BY SRIYUTHS C.H. JADHAV & P. PRASANNA KUMAR, ADVS.,) AND: STATE CF KARNATAKA BY ATHANI POLICE STATION BELGAUM REPRESENTED BY THE STATE AODD!., PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560001 .» RESPONDENT (BY SRI P.H. GOTKHINDI, HCGP) THIS PETITION IS FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO DIRECT THE RESPONDENT POLICE TO ENLARGE HIM ON BAIL IN THE EVENT OF HIS ARREST, WHO: IS ACCUSED NO.4 IN CRIME NG.10/20C9 ON THE FILE OF ATHANI POLICE STATION, BELGAUM. THIS PETITION COMING ON FOR OPDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner has sought for grant of bail in connection with Crime Nio.i0/09 for the offence under S.302 read with S.212 of IPC. 2. Heard the learned counsel for the petitioner. 3. As per the prosecution story, a complaint came to be filed by one Smt. Sunanda Suresh Kumbar at the first instance stating that her husband died in an accident. But later she filed one more complaint before the police against the accused stating that deceased was done to death by accused Nos.1 to 3. The petitioner herein is said to be accused No.4. we 4, According to the learned counsel for the pstitioner, the petitioner has been falsely implicated in the case and no overtact has been committed by him and there are no materials placed on record to implicate the petitioner. 5. In the circumstances of the case, the petition is allowed. In the event of petitioner teing arrested, he shall be released on bail subject to the feilowing conditions: a) (ii) The petitioner shail execute a personal bond for a sum of Rs.50,000/- with two sureties for the likesum with the jurisdictional police in connection with Crime No.10/99. The petitioner shai! surrender before the concerned Magistrate and move for regular bail within 15 days. The fearned Magistrate shall dispose of the bail applicaticn granting bail by imposing stringent canditions. (ii) The petitioner shall mark his attendance before the jurisdictional police once in a week on every Monday between 10.00 a.m. and 5.00 p.m.

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