High Court Karnataka High Court

Babu @ Telagubabu vs The State Of Karnataka on 31 May, 2011

Karnataka High Court
Babu @ Telagubabu vs The State Of Karnataka on 31 May, 2011
Author: K.N.Keshavanarayana
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CRPZC. PRAYING TO 
PETITIONERS ON BAIL IN S.C.NO.I255/2OI«Q.__QN--ITFHEV

FILE OF THE 9.0., FTGVI, BANGALORE.-a_FOH,jf--.'I?H,§;"_
OFFENCES PUNISHABLE UNDER sECT1Q_N:5_ 1«;L3.'1z;4.,I 
147, 148, 307, 302 READ WITH S_EcT1QN_-'I49 'me-..V  "VI

THIS CRIMINAL PETITION 'w::0:vw:§c3}'ee»1?I0H' 
ON THIS BAY, THE CQURTVMADE "I-'HE FOLL§)WIN'G:';  '

In this petiti03:'::_.'i°:i1ed.'_VAHhfI'e:rV_I.'SeetiohI43§I Cr.P.C.5
the petitionergwho    as Accused
Nos. 9 amp:   /10 on the file
of the ____  re'gieIered for the offences
puni:ShabIeIVIIti'11--e1efiI"I43, 144, 147, 148, 307,

302 r /'W4149 bf   Jeought for the relief of bail.

 ;,/2)  ._'I'he"Cf'a;se of the prosecution in brief is that,

   at about 9.40 a.m., when the deceased

Ravi : V' '   Poonekanna, the complainant

 .. IV:I2amaehandra @ Kapperama, CW.10~

"'._I'I§e'shaVamurthy @ Kehava, CW§II~C}iri$ha and Others

'I were sitting in from of the house situated in 8131 Cross,

Swai:hna.t.ra Palya, Srirampura, Bangalore? Accused

I\Ie.I~L0ga  Leganatha, Accused I\IG.2~GaI1ga, IX/Iegha


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3) i have heard the learned eounsel appearing

for the petitioners and the learned HCGP lot'

the Respondent~State. Perused the  

available.

4) It is the o0ntention.. of the  for  L'

the petitioners that,  the'V.eotnh;:r1ai.nt the  of these
petitioners did not  act is attributed
against   these
petitioneiisl  in the ease
pursviilant'  stated to have been made
by the  the basis of the statement

madeLb§t4"the'»so~e'alléd witnesses, therefore, at this

  there alfelllvno grounds to believe that the

   guilty of the offences alleged. It is also

his snbniission that one of the accused namely,

 A. Accused No.13 who had been named in the Complaint

 'and specific oveitaet had been attributed against him,

ll has been granted bail and therefore, on the principles of

parity, these petitioners also are entitled to be enlarged

on bail! T he learned HCGP opposes grant of bail.

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heinous offences punishable with death vv.oi7?:l"»i.life

imprisonment. According to the prOS€:<_:§i1"tl€}i1.§__j 

petitioners are also involved in so H18.f1}?"t'§':,llBf 'e.if1i<nin.éil--« .e 

eases. Therefore, the appreheii_sion-ioii thei.prolseet1ti.oeri

that, if the petitioners are  on  

likely to tamper the pr0see_i__iti.oi:i--.,witnes.ses 0%; destroy
the evidence in the ""eéLse'--.arij_d'V flee eiavay from justieei
cannot be rii'ie§i~ou:t';""'*.Thei<ei"ore;. iifiv" 'my considered

opinion, t,.1"1'ese j§.etitiene_r;s...are not entitled for the relief of

IlI'i,._lZlh€ lightof 'a;iove observations, this petition

is ijej'eete<i:  ,  
  .....   

KEEGE **

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