IN 132:: HIGH COURT OF KARNA’i’AKA 2′ f »
CIRCUIT BENCH AT DHARWAD ‘
DATED THIS THE 12*” DAY OF }I0VEM33}3£f{_,Vfi(i{§3_ 1
BEFORE _
THE HON’BLl£ MR. AL”:
cam .1§2’o.73.53;£:t)g,\,g’ ‘ LA -» _ _
BETWEEN:
Hanumeshi @}’im§i’nant_h 1: ”
S/0. Oba1aputd4IfE:_§1E_.E;' L
Age:24 years; » =
0905
R/0. IVIaa3’iyaa”f1mar:3,l1alli;”~._ _
Tq. Héspcg Dist’. ” . ‘ …Petitioner.
(By «
” . 2 2 ….. .. W
A
‘.B3I.VM33fiy&H1¥Il%1nallalIi P.S.
Rapregsntégi by S.P.P. …Resp0ndent.
x (By Sri_. ‘P.H. Gotkhindi, HCGP)
_ ” . ‘ Criminal Petition is filed under Section 439 of Cr.P.C.
‘ Ti .pr&yin:g to allow the criminal petition and enlarge petitioner on
T fégular bail in cannecticzizn with Maariyammanahaiii RS. Crime
” }*§r3.80/2008 which is charge sheeted for thc offence punishabie under
Section 302 ofIPC, etc.
r_______(\.-..-\__,~..
further submitted that the investigation has been com~pieted_i__t’njnd’
sufficient materiai is colieeted against the accused:’jtor’~./.:hevinig”
murdered the deceased.
6. On careful reading of the.»’a*1ermeintsii’in it
could he seen that the complainant -son Venioeteshfi together
saw the petitioner-accused ii’f01i1;iIlS”-§t§e:tite house and then
they entered into to’u:1:d._Vithat..:ii’the deceased was
murdered by Itlfififlmi examination remit fully
eorroborates”=thi’s4i_ Iieoinipiainant, inasmuch as in the
opinion ofthe i)(;etor autopsy on the dead body of
ihe Adeathioiithe deceased was due to asphyxia as a
result eitfherefbre, it cannot be said: at this stage, tliat
i°””‘the to be falsely created by the complainant against
” ntho is none other than the husband of the deceased.
i _i7; Though the petitioner is not Sllppoged to take any defence at
it thi’s”‘stnge of filing the bail petition, atieast he should have made
some averments in his bait petition to substantiate his contention that
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1 am ofthe considered opinion that the petitie:3er«agccu_sé-gel.”éit%éS–: .
deserve grant ofbaii.
9. For the reasons atbresaid; jhe fsreeent bgiii i5
rejected.
N’G*