1
IN THE HIGH COURT' OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 2 1st DAY 01? AUGUST zooe
BEFORE H
THE HONBLE MR.JUS'I'ICE R.g_m< L
CRIMINAL PE'l'I'I'ION'_:
Between * ' v , ~
Huiappa @ Hulagappa,
S/o. Shekhappa Madiwalarfl... _
Aged 26 Years, 000: 'A@1icuItu;:ri$'i;--,.,V_
R / o. Papanashi Taluki 8;'Dist;':'{3«adag;.VV _ : ?eti'eioner
(By Sri'; _ " Advocate)
me
. % The 'State of
Rural Police,
L By its 'State~Public Prosecutor,
Bench Building,
- : Respondent
(By PH. Gotkhindi, HCGP.,)
, This Criminal Petition is filed under Section 439 of
"Ct';?;C., by the Advocate for petitioner praying to enlarge the
petitioner on bail in Crime No. 195/2008, of Gadag Rural
' "Police Station, pending on the file of the CJM and JMFC-II
Court Gadag, registered for ofiences punishable under
/'L QL Maj:-LL»
Sections 451, 302, 323 IPC.
This petition oom1ng' on for orders this c§e§y:..CouI't
made the following: '' _;.
ORDER
A case in Cr.No. 195/2003,15 reg:s::¢r¢e”d;§n%é1d;o6d–~2bosod
as against petitioner in for
offences punishable under V. 4-€”>_’I,« IPC,’ on
the complaint of a Vrflipor 1 years, the
daughter of deceased complainant has
aileged p __of .’incident, petitioner herein had
come vvhjer 1io11se.’A’ar’: 9.30 pm, he asked for match
box,jf:~em dcimmm, abused her in foo} and filthy
fisted her mother, when her mother Chamma
and when she wanted to give the match
tq; petitioner, it fell to the wound, Ch annamma
H ” the same and handed over to petitioner, the
diipetieioner, while smoking beedi started consuming alcohol;
thereafter, she went inside and siept along with his
sister, in the naoming at 7.00 a.m, when she Wokeup, she
X £Q,z_A_£3…e.'{,L__
found her mother lying dead near the
petiooat, she informed to one 4.:
the petitioner was in the houee of
day, on suspicious a wee During the
course of etetement of one
Gadigeppa whohas herein come near
his house 2;}3Ci and at that tinae,
he was V’ petitioner as to Why he
is him that he developed illiegal
imimecy with he tied sari to her neck and
her and killed, as she was found to be
with other male persons. Strangely, said
A gathering such information, has not even
gone to v~.1′.:hevl;iouse of deceased to ascertain the facts, but it is
W H ” 40nVfl:lC next day mornm g at about 7.00 51.31, a minor girl
her mother dead in the house. The deceased is
d j round to be a women of loose moral fiber and the afleged
‘ A. dying declaration also reveals that she had developed
revelation with several others, other than the petitioner.
The complaint is based only on last
circumstance howsoever V 1 fiof
The said fact will have to be estée.bfisheél dmfing of
ttial. As such, at this inttviestv’ of
narrated above, I hold that for grant
of However, it observations made
above are restricted the present bail
petition not be influenced by
any of msdettsbove at the time of the trial
of the
%%3o§oER
v _ Petifioti Accused-petitioner is directed
on bail on the following conditions:
(oa,x%’% Petitioner shall execute a bond in 3. sum of
Rs.50,000/- (Rupees fifty thousand oniy) with
one surety in a likesum to the satisfaction of the
court below, )3 QL we.~:;1.L._
(13)
VR/–_. V
Petitioner shall mark his aucndafiée 15
days in Gadag Rural folice
sheet is filed. .
Petitioner shall ;2′.i_o!:
witnesses ‘and ” the fair
of the wse.
Sd/..
Judge