iN THE HIGH COURT OF' KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 14TH DAY oF»AQcToBMEE:..A'2QO8%[jf ' 1.
BEFORE Q .
THE H(}N'}3LE MR..sUs*1*1<:E._RAM"M'GHAN
CRWIINAL
BETWEEN: _
@ Basanagoudar, _
Aged about 28 3feai§s.,7 -. 2 " A -
Occ: Agzicuitugre,._R,{o'f--Séhas;é.di, .
Til: Navalgufid. ...Pet:itioner
Devanagouda, S / ow ' 1 ._
(By Sri i5.'N.:}!_atVi:i,. ,éiE;.s0{}{) 1 . .. , Respondent
(By méomhmdi, HCGP)
_ –7’i’his criminal petition is filed under Section 439 of the
Code of Criminal Procedure by the advocate for the petitioner
_’ ..p:z’aying that this Horfbie Court may be pleased to enlarge
the petitioner 011 bail in Cr.No.30/ 2007 of Navalgund P.S.,
Navalgund, and new registered as C.C.No.66/20$? on the
EEC of the JMFC, Navalgund which is registered for the
ofihncc punishable under Section 302 of £130. ,
This criminal petition coming on for orders thiés’ .
the Court made the following:
This petition, under Scsztion = of <51' V
Cr.:311ma' ' i Procedure, is filed "the in
C.C.No.66/2007 on thefile Né1§é1gfind, to
enlarge him on bail.
2. ‘I’11e__ f; Miweilancous
Petition the Sessions Judge,
Dha1wadx,”v§§hich by order dated 10th August
2oo7m3ccang%m§: reiisf gr 5311.
A ‘ 2 , counsel for thc petitioner is abgcmt.
?V rd’i _ the learned State Public Prosecutor and
V’ T . ,_ L’ A W1-used pleadings.
‘ it is the case of the pmsccution that one Baiapa @
” Baiachandra Taiawar witnessed the crime of murder of one
” V Rudragouda with the use of weapons by the pefitioncr and
another Kalakappa of Shalavadi and Haiahadagaii villages.
E
The Witness it is said was threatened with life,_ ” -fl’i;’co:1.e:v..
petitioner and another if the crime was disclosed”-tgfi H
The investigation and the arrest of tb.e”‘ipet§t:io1§er etiothertt’
ieading to interrogation was A’
statement and recovery of axe The
cause of death Show in,.tj:;e Wes as a
Iesuit of the extensive shock due to
extradurai, u ‘”ha.emorz*ehage
resuiting in to vital areas.
The weefioeet’ = exihfiiet V weze recovered at the
insta31ceE’~:)f’ the the docter opined that the
i11}’11I’is’;S_VIfO1II:3<a(;;' 91:1 zgglia bodyef the deceased could be caused
by »izeapotis." *** "Sufficient material is collected to
of the ofience under Section 302 of
mgA1naaa;;;%:#¢:1+~.: Code.
6: learned State Public Pmsecutor submits that
A “:ti3l.1A.atj’;’esheet was fiieci on 21.05.2007′ and that, at this stage
offproceedings if the petitioner is enlarged on bail, there is
u fikefihood of the sole eye witness ‘ey name Balapa @
Balachandra Talaiwar, being tampered With.
, id’ E
‘KM’?
7. Having regard to the facis and cixcums:e;:§;§¢s’wV5§f::i§e _
case the prosecution has made out a”Vpzima’I”aci¢j’ca;sc
their being no extraordinary circun:v}$ta.:;c~3:,:i’ A’
not entitled to the relief sought»i”o;*_.
Pefifion is acconrlingly rej§c£c*<£ ~ "~