IN THE HIGH COURT OF KARNATAKA AT'. BAN
DATED THIS THE 09TH DAY OF DECEMBER
BEFORE
THE HONBLE MRJUSTICE "
CRIMINAL PETITION NO.§5'49:/20.101
BETWEEN:
1. Prakash
S / 0 Thammanne Gqwda V.
Aged about 32 Years A_
Tempo Driver ' ~. '--
I-Iulihundi Village
H.D.K0te Ta1uk.__ _ _ _
Mysore
2. Dharmat i_
S/0 1ateVNéifij"u11}f1e
Aged abdut 2? ' ~
Hirege Maitakere
H.D.K0teTa'1uk V " »-- V
Mysore I)Vistriet.V_V ...PETITIONERS
E3-rig .J';--b§eerdIgi';"Adv.)
AN1:'>:__
State of }{a'rnaiaka'g:: V
jddifiilikerei Ppliee ~Station
its Pub1i.e"Pr0secutor
--. _. fiangaiore. - " ...RESPONDENT
-~ ._' '"{ByiSri'.'Jij'Eiyakumar Majage. HCGF')
CrI.P is filed under Section 439 Cr.P.C
"d:Efg"--V.pr3ying to enlarge the petitioners on baii in
"a_S'.'C.No.75/2009 before the Presiding Officer, F'I'C--II,
"I3/Iysore, registered for offences punishable under
Sections 302, 201, 120(8) 1'/W 34 IPC.
2
This petition coming on for orders this day, the
Court made the following:
ORDER
The petitioners are arrayed as accused
in S.C.No.75/ 2009 pending trial for ”
under Sections 302, 201, 12043 :/w 34 T it
2. Heard the learned
learned Government Pleader’»llor»theV’ it
been taken through inve.stiga:t’ioii1.l:_recVords.l A’ T
3. T he accused by accused
No.1 to of deceased Vijay @
Vijayendraflas the was an obstacle for illicit
relationsehip between accused No. 1 and wife of deceased.
it 4,fi’ll’.he4vA.ie,arned Trial Judge has fixed the trial and
to the witnesses. At this stage, it
–V woultlnot proper for this court to make a detailed
iganai-ysisfllof the investigation records suffice it for me to
sltatefllthat accused No.2 and 3 had associated with
“accused No.1 who had a strong motive to commit the
murder of the deceased. There are witness s who have
“3
J
given statement); about the deceased last seen in the
V.
company of accused No.2 and 3. After their arrest,”–,the
weapons and mobile phone were seized from.._ac.cu.-sed
No.2 and 3.
5. The learned counsel
that accused No.1 has been sgrantedbail. Thereforefgthe
petitioners are entitled for b.§i1r.V.§;; parity.
The materials collecte.d”‘:aga’_ir1ls.tA No.1″land the
allegations made are not the
same as a11¢Vgy;atii{§rlg No.2 and 3.
Therefore.Vl’t1.~.¢§¥iVi is not available.
6. In.the_circiirhsta;1ces, the petitioners cannot be
re1ease’di’on bail… :A.ccordingly, the petition is dismissed.
petitioners are in custody from
learned Trial Judge shall expedite the
and; conclude the trial within a period of six
rrno–ntzhs from the date of receipt of copy of this order.
Sd;f-
JUEGE: