High Court Karnataka High Court

Shri Parameshwar Yellappa … vs The State Of Karnataka on 5 November, 2008

Karnataka High Court
Shri Parameshwar Yellappa … vs The State Of Karnataka on 5 November, 2008
Author: Arali Nagaraj
IN THE men COURT 01-' KARNATAKA v  i T  i;    %

CIRCUIT' BENCH AT DHARWAD   M

DATED THIS THE 5'1"" my 0F_NOVEMBEI§"§{l§3$""'    "

BEFORE      A %  
THE HON'BLE Mm,   
cggémfn. %% 

BETWEEN:

Sh1i.Pa1amcs!:yvax   '
Age: 33  : agéric:i1.fla1ri_ast,j. V ' 
R/6.      A

 4' J ',_
Agni; 35 years',  Agricultamst,
R./59. Kyarkoppa,   Dist. Dharwad.

. . "S1fi._Somappa Kamamar,
     Agziculturist,
r R10. Atabkiktz-prpa,
'Fq. &_  Dhatwad. .. .Peu'Iioners.

 1 (8y?SrifU, Bmmj, Adv.)

 " ~ The State of
R/by Saudam Police Smtion. ...Respondent.

(By Sri. Anaad K. Navaigimam HCGP)

c_

2

This Criminal Petition is filed under Section 439 of
praying to allow this pefition and release the m’dtiones§§~’-‘eee_useti;_.voeA
bail in the Saudatti P.S. Crime 140.269/68. ” T.

This Criminal Petition coming eiiiifor « We the A j

Court made the following : –

The petitioner Nos.l to 3 ere accused

Nos-.1 to 3 in Crime forulthe oflencesi I
under Secfions 302.31-ad :2€}§v:..ef murdered fie
dwsed of Village in Saudatti Taluk.

This petition. is lzoy the learned HCGP by filing

written ohjeeiioiis it.

‘ _ }leer§l«.i.iiiie._argements of both the sides and perused copies

V’ . of produced by the learned HCGP. It is not in

444_id%.spute tthe entire ease rests on circumstantial evidence. The

44 of one Fakkirappa Chulaki reveals that he saw A-l

‘ …_iivi:}V5.gi;;§meshwar Yellappa Vakkond and the deceased going together

iltowards a wine shop at Saudafii. The statement of one Naveen S/o.

Sonja Shetty, the proprietor of Renuka Daba situate at Saundatti

,,.~__s*~”\»-‘-

Dharwad Road within fie limits of that ”

5.9.03 at about 5.00 p.m. the deceasedss’Mjaha;ae§el§f

Village and also the amused No.1 icamcito i

said Daba, consumed liquot lefithe. layisabeut. ms). and
went towaxds Dharwad of last seen
together, there appeeisno collected by
the 1.0. during of the deemed is said
to have 5.00 13.131. Theugh the

investigatiofi yet’ Vceifipi’eted and charge sheet is to be

subminga, the ior ipoiiée papers fizrnished by the learned

tlistjthe iniiestigation is more or less complete, Besides

{if the petitioners that they have been residing at

V 1″-heir “iaddresses shown in the petition is not disputed,

4 V’ flierefore, tlie appmhensien of the prosecution that these petitioners

(*%

if granted bail, may mis-use their liberty may 4_

imposing suitable conditions. Hence the foitowifig

ommat

The present petition filed Seth V

hereby allowed. The petitiogter are fospoctively
accused Nos.1 to 3 in Crimoi’ P.S. shall be
enlarged on bail org’ of bond for a sum of
Rs.50,000/– alogg vtaitgyggge tag zikesum to the mtisfaction
ofthe subject to conditions that :

(i) shstIi’111:ot.’dit’§e§e;t§% or indirectly tamper with the
_ ‘ ~ prosocu_tion’1evxidet1oe nor shall they threaten the
_ A __ ;,,,/flosocutioiiviééitizesses;
V 1 five attendance before the SI-IO of the
. h’ t Station once in fortnight preferrably on
. alternative Monday between 10.00 am. and
“V5100 pm. until they apmr before the Sessions
Court pursuant to the committai ordosr.

” (iii) they shall cooperate with the Investigation Officer

during tho investigation of the case.

r_____(‘\..u.-v-‘\_,..-u

A ccpy of this order shall be sari’: forthwith to the

learned JMFC, Saudatti, and also the 123.1; ofsmggg L

infonnafion.