High Court Karnataka High Court

Hassan Sab S/O Hussain Sab … vs State Of Karnataka on 14 August, 2008

Karnataka High Court
Hassan Sab S/O Hussain Sab … vs State Of Karnataka on 14 August, 2008
Author: R.B.Naik
 

IN THE HIGH comm or-* KARNATAKAV~«~~-C % 

CIRCUIT BENCH AT DHARWAD  

DATED THIS THE 14TH my omuetigr    C  C

BEFORE 2 i"¥ *»4'

THE HONBLE MR.JLI$TICE._R'.w--B.NAE§.'.. '   C

CRIMINAL PE'PrrI0N'1~{o.7o9o';--'9,4093
Betwem  _ 3 

Hassan Sab, '- _ .

S/0 Hussain Sab    .  '
Aged about 30       
Occ: Advocate,   "  ._    .
Native of MudI:pL-::_  '  A  *
R/atV'3I'upalcsh"Nilaya,._   '

Nandini Nagar,'* H  , 

Koppel.  '- ' V V

 . ._  "  ..Petitioncr
(By Sri.If~i;}3,IViava£gjun'1atl1,V;-kdvocate)

  

  By Yelbaarga Pélioé Station,
 'i{_oppa1"'!3is1;1'ict;""
. _  .(R?_p. By g_S1:al;e Fublic Prosecutor.)

  Si:'i;PfH.Gotkhindi, HCGP)

. Respondent.

En CL:’U/–W.

This Criminal Petitziou is filed under 438 of
Cr.P. C. praying to enlarge the petitioner on the event
of his arrest in Crime No.5/2008 of Yelburga Station,
Koppel District. ~ _ ”

This petition coming on    --:

made the following:  _  _
oRDei§i i %

A case in Cr.N§,~~fi/205$§egiste1ie£iV”oriv’2O«1–2O08 for
offences punishable 147, 148, 324, 307,
382 r/w persons and the
A-1. On the very day,
the of; Sab complainant was
V ‘eomplairxt had alleged that A-7

a knife in the eye of his brother

” However, in his further statement

very day i.e., 20-1-2008 he has stated that

t1e._'”\.izae” with regard to the incident and as such he

is A-7 and had stated that he pierced a knife in

i eye of his brother Member Imam Set). In View of the

further statement of the complement and the further

Q(.Q5.LL~c::l/~…

investigation did not reveal the involvement Vef» A-57, no
charge sheet is filed against him.

2. It is pertinent to note that the

Sab has made allqations agaifiet

that he assaulted with a
Sab his brother. The raet~ef%t’::e %eomp1ta:nt
with these allegatioxee a1_c1&”_ he having
contradicted the complaint in his
further .i.s.:V.fi1ot a truthful witness.
The who claim to be the eye
iteotjesfion have been recorded on
21~1~éooe3V papers reveal that when the

inejfieot were present in the village and

‘t V. the incident they came to the place of

thereafter. C.’W.8 to C.W. 18 are of the

wage; They were available in the village the whole of

1:116 Even then their statements are not recorded on

A’ ‘AAVti’1e-eéclate when the incident occurred. Their statements are

consonanee with the further statement of the complainant

/Q £i«L.»Lc;s.:t3*—–