IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE 26" DAY 05 AUGUST
BEFORE
THE HON'Bi_E MR.3UST__ICE__N ANA'N4DTAy' A
CRIMINAL PETITION N4O.3'O6'i/2'0:I"C.:I'
BETWEEN:
MR.SARDAR KHAN
S/O MASTHAN .
AGED ABOUT 50 YEARS _ 7
R/AT NEAR ADAM MASJID A
BAGEPALLI TOWN . '
CHIKKABALLAPU DIST
(BY sR1.FIIi5A H:Q$éV1A'rT, Al5\)_'):
AND:
STATE OF KARNATAKA_ .
BY BAGEPALLI POVLICAEASTAT-ION
CHIKKANALALAPVURADIST
REP BY GOVERNNIENT PLEADER
HICSH. CQU-RVT OF KAPd--\!--ATAKA
., 9"&c"NGAI°_'UP.{_J'
I(e5r--1sRi';vi.J'A.v'I§éLJ'MAR MAJAGE, HCGP)
PETITIONER
RESPONDENT
C’RL.P”:FILED u/s.A39 CR.P.C PRAYING TO ENLARGE THE
PETITIONAER ON BAIL IN SC.NO.78/2009 PENDING ON THE FILE
7 ” OF__THE”‘ DIST. AND SESSIONS JUDGE, CHIKKABALLAPURA,
WHICH IS REGD FOR THE OFFENCE P/U/S 302 OF IPC IN CC
‘NO’.9’1/2009 OF BAGEPALLI POLICE STATION.
T “ii”nplicate the accused. The judgment relied upow the
doused kerosene and set her on fire. Thereafter,
neighbours and the accused shifted the deoea-ié’ed”‘*.,to
hospitai, wherein the statement of deceased..,w–as’.reeb’rd’e’df
by the Station House Officer in_,the..flreselnpcei.7(o4f’.”i’/leidicaluif
Officer, General Hospital, Bagepaillti, A
5. The learned Counse:l.”for “relying
on the judgment of SC 1021
would submit that regarding the
mentai conditionfjf circumstances,
there is not’ prirna facie ,c’a7$e.against the petitioner.
–. .,toli-:a”p–p’reciate this submission, it is
necessary it_o*s_tate_ that occurrence took place at about
9.3,f3§Lpii..m. on~._.flQ7.,(:’i5.2009 and the deceased was
T,’irnrned_Vijatel~yA”shifted to Hospitai. Her statement was
l”‘reco_rde’d:’on__ O,8.’b5.2009, she succumbed to the injuries on
Thus, the deceased was alive for a period of
T. daysfafter the occurrence. The place of occurrence is
hot’ “disputed. The deceased had no motive to falsely
rt},
‘:’3v.__,_,..g«-./u
ii”.
learned Counsef for the petitioner does not apply__._t_o the
facts of this case. Therefore, I hold that there«j”iVs:’f”p:a*i~n}a
facie case against the petitioner and he
on baif. Accordingly, petition is dism;’ssec’_ih’m;,_’:..§_’fi,s é
Jlibgnl…