IN THE HIGH COURT OF' KARNATAKA
CRICUIT BENCH AT DHARWAD
DATED THIS THE 13TH DAY 0;' JANUARY, zoio
BEFORE
THE HON'BLE MRJUSTICE ' '
CRIMINAL PETITION _/ i
BETWEEN: i L V
1. Ishwar, S/o.Nagappa Naik,.Vé
Aged about 27 years, Ryot,
R/o: Mavalli, Murc_YeshWarV_V ~ V '
Taluk : Bhatkal i' 3
2. Bharat;
Aged about 223 years," Ryotf
Rio: Mavaleii; _Muprd.epshwiar,
Tq:7Bhatka.1V'* ..
.... Petitioners
't V" A(ByC'Sri;Ganapati"1V}f.'Bhat for
' _C--i1j(:u.i_t' 'Firm, Adv.)
it '$4.53 "
'{B_y}'Sri.P.HGotkhindi, I-ICGP)
'I'h_e Svtafe Karnataka by
its Murdeshwar Police Station
... Respondent.
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioners on bail in
Crime No. 62/2009 of Murdeshwar Police Station.
- . '"'°--.',,.»~-»---r-~.
This Criminal Petition is coming on for Ordelsthis
day, the Court made the following: " "
ORDER
Accused Nos. 1 and 2 i:l1WC’1″‘l.1’I”l€?.’N0.ipi”62/O9’ or
Murudeshwar P.S, Taluk Bhatka1«.hav_e
petition u/s 439 Cr.P.C. Thi:s”v–petition_io’pp.=osé.§i” the it
prosecution. I-leard tlieV_argu[rnentsiiVon._’both sides.
2. On perusal 6/2009 filed by
one Smt. of deceased Shaniyar
Naik, ofi it could be seen that
on 10/6/ pm in the garden land of
the Apcomplajriiantig the petitioners, who are
‘=–respe€cti.Vely..accusedNos.1 and 2 picked up quarrel with
during the said quarrel, the petitioner
NoA.’l_: Naik (A1) hit with a wooden club on the
l°””.__Vi”head iofdthe deceased and the petitioner No. 2 (A2)
A i:.i’a,ssaii’lted the deceased with hands. Further, statement
..0:£cithe complainant recorded on 11/6/2009 reveals that
the deceased breathed his last about less than 3 hours
(-«..__§M”‘*”\…»»–“”~a
after the said incident while he was under treatment in
the hospital. Postmortem examination report,j”cto’py”-Vof
which is produced by learned coun.$:§,’t3-ii
petitioners~accused, reveals tha:t$AA>Vin’ the op’iir:ion”of}_the it
medical officer who conducted
body of the deceased, the ciadseof death –oi”‘.the;vVd’ece:ased”‘ V
was due to Crenio Cerebralt’iri.iAti1fiest..as aresulti of blunt
force trauma sustai’ned’,” the history
provided. ‘iibef.eatd that at about
10.30 prri’ ‘deceased was hit on his
head:V’\i2tri’th” i i A if
3. Thoeit 1a Vtbe above that accused No.1
Iswar Nails: (petit-ioAn.er’~~*No.1 herein) was responsible for
oaoettig the deatbot the deceased by infiecting fata}
*a;ouea:d.t:V:éoh{his head by hitting with wooden club.
‘1’herefore”,;I’diam of the opinion that he does not deserve
the graht of bail.
a~-a:”wr\.a.V,
4. The fact that the investigation is completed and
charge sheet has been submitted, does not outweigh the
serious allegations against the petitioner to
causing of the death of the deceased. _
the accused No.2 (petitioner No? name1yv–AVS[o”Vw
Narayana Naik) is alleged l_f1’aVeth_e
deceased with hands, l”ar’r1__ of the
deserves the grant of bail suE:$j”ect’V.tQ certai1_1 ccfnditions.
Hence, the following:
‘preset1tA:_:p_et’i.tlbIl«filed u /s 439 Cr.P.C. filed by
theA.«accus4e-div l’lt>s.A°.lV””and 2 in Crime No.62/09 of
Mutud’eshwar “l?’«.V”S'”.”,h’I’alu1< Bhatkal, is hereby allowed
of accused No. 2, Bharat Naik and the
same is fejected in respect of accused N0. 1 Ishwar
Accused No. 2 Bharat Naik shall be enlarged on
bail on his furnishing a self bond for Rs.40,000/– along
:_'w;{*"r*"'1~"\_,.-~
'W-
with one surety for the likesum to the satisfaction of the
learned JMFC, Bhatkai and subject to conditions
a) he shail not directiy or
with the prosecution e.vider1ce_”r1’or”-$fi’;.é£1l h_e
threaten the prosecutior:-.o vv€.tfiesSes§”
b) he shall attend Vth:e”‘~~.Corrir:1»i_tta1’AV»Qoiir’tV ~~ar1d
Trial Court sort heétrin.g..¥2§*ithout
fail unless htt~per’so_ri2et1f,:attendance is
dispe’r1_sVe–d with vandrtreasans.
A copy of heahmnth “fo1’t1″*:1with to the
to the Corrrrrittol V information and
compliance. _ — _