IN THE HIGH COURT OF' KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF OCTOBER 20
BEFORE
THE HON'BLE MR.JUSTiC.E'_N.ADéANL.3}3 E
CRIMINAL PETITION NC': 4J9'2'.';ZV[2:£.'I'O::'-
BETWEEN: A
1. Boodesh S/o Mariyaiah '
Aged about 27 Years". '_ V V ~
Resident ofJodikrishi1;ea'pu.réi* Village, ,
DuddaHoba1i_ _
Hassan Tq,a-1:id---Dis;triet._"_: .4
2. Mariyaiiah ;i-'$'/oV'V.I;ak1{a:i'ja1j~ A
Aged.iabé'Ui"'3@:;Y€arS "
Residents' of Jodi "ishnapuréi'Vi11age
Dudda--HobVa}i:"-.._4" ' '
Hassa.n'Tq and s't:i_et. ...PETITiONERS
(By sr: Qirish..:B;B.valadetfe, Adv.)
'- 'Staten Police
Repfby P':-iigaiiia Prosecutor
High C.o"urt«--'Building
V Bangalore. ...RI3SPONDENT
A ":B."t';A'_~1'i Vijayakumar Majage, HCGP]
This Cr1.P is filed under Section 439 Cr.P.C
praying to enlarge the petitioners on bail in
Cr.No.39/2010 (C.C.No.335/2010) of Dudda Police
Station, Hassan district, registered for the offences
punishable under sections 341, 302 r/w 34 IPC.
This petition coming on for orders this day, the
Court made the following: 7
O R D E R
Petitioners are arrayed as accused 4′
Crime No.39/2010 registered _for.__offe_nces’
under Sections 341, 302 r/W
Hassan District.
2. Petitioner No.1 ‘y_ounger:_bro§ther and
petitioner No.2 is the” Dinesha. They
are ailelgede coirirnitteldlltlde murder of deceased in
their They are in judicial custody
and – are seeking. it
‘\
ggj; Heardlvlelarned Counsel for petitioners and
Pleader for the State and l have
been taizentthrough the documents filed under Section
V _ 1;73(“5}.icr.p.c.
4. The documents filed under Section 173(5)
would reveal; that deceased Dinesha had
married first informant namely Asharani against the
}’\I.C3>,r£’w\\W.&-\,.\,.- I
Wishes of his parents and family members. Thereafter.
he was living with his wife at Bangalore. On 13.4.2010,
he visited his village to attend Kariyamma jatre he
was staying in his parents’ house. On [at
about 9.30 p.rn., Dinesha visited of
parents in a drunken state and:
them. Deceased Dinesha.pic_l;edlVu.pl’a cluiol”
assault his father and the _\ll\lh()TiSnatChed
the club from the assaulted him
and caused his-d_eath;”‘ if i V
-of documents filed under
Section find that the occurrence was
not.ipre–medit’ated. ‘The initial provocation came from
» VtneVsi.de.of,_deceased. Even if the entire case is accepted
on’-its face value, prima facie an offence under Section
302 of is not attracted. Petitioners 1 and 2 did not
A iihave any motive to commit the murder of deceased.
Therefore, their detention during trial would be a
measure of punishment. QQ
iv.’ ‘R \..«»g; y t
6. In the result, I pass the following order:
Petition is accepted. Petitioners are releasetton
bail, subject to following conditions:
1) Petitioners shall exeeu.’r.e~bond’s.l”fo”re’./.61
Iksommtemmemdp&&a§mm@j§@&;
likesuin to the Vsati’sfaction__ of }ur’is(ii’etional”
Court.
2} Petitioners sfiéill_’not. or tamper with
the prtisecutiionotxfifjftri-esstes,V’ I
3) ,.i*eg1:.il2i1*lyli.attend the Court.
Sdffin
Judge