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.
we4,
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.