IN THE HIGH COURT OF KARNATAKA CRICUIT BENCH AT DHARWAD % DATED THIS THE 3TH DAY OF FEBRUA§§Y§--«'2efi1__7u. BEFOREW i i THE HON'BLE MR.JUsTz£;E A1éALIe.1§AGAm.; CRIMSNAL PETITION NVCI-..7V'116,'2t}.iO. :1 BETWEEN: it i Sukurnar S/0 Suchit Koneri - V V' Age: 27 years V Occ:Auto Drixzervt. ' R/0 Betageri. 2 V _ . Dist: Gadag D PETITIONER (By Sri N'iiD.cACiirii.1_n(i:E§V,VV'AciV)V:h' AND: it i V V I» State of By Betageri Police Station . ."--Repre'se'nte"d..'by the """ H ":2 »State Pu'b3,1c..PrQsecutor ' t.Higeh CQi:.rt" Building Dharwad -égsseo' 001. ... RESPONDENT
(By iS:j:i$.,VH;eotkhindi, HCGP)
‘ it Cr1.Pis fiied under Section 439 of Cr.P.C. praying
” _ ‘to’ -eniarge the petitioner on bail who is accused No.1 in SC
V’ N?§J.65/2009 (Crime No.13/2009) on the fiie of Betageri
.__$”””‘-*’*~
T0
Police Station, pending before Principal District and
Sessions Judge, Gadag.
This Crl.P is coming on for Orders this daj7j,l:’th’eVT:Court
made the following: V’
The accused Nos. 1 to 3 Se_ssionis_Casel’l*l§3,’_ 6;3_/lO9l”–.A f
(Crime No.13/O9) of Betgeri>P;S.., Gadag,Va1’eHa1j1e.geVd_:l§toihai/Le
committed the offences u/s r/”w EPC. The
petitioner herein is acvcuzsed :vin”-theigaid case.
2. On pergéigilk. of ,di§1:iii3o/3/2009 filed by
Sudha D/oi it could be seen that
on the accused Nos. 1 to 3
Vishal David and, during the
said q1Aarrel;’ accused”-No: 1 assaulted the deceased with axe
i”-on 5hea’ci_and neck and other 2 accused assaulted him
and consequently the deceased died.
Postmortem examination report, copy whereof
A [furnished to the Court by the learned counsel for the
l petitioner) reveals that the deceased was found sustained
c:-f”””””‘
.»–.._S_'(«”‘*’\a
injuries on the left side of the neck, behind left ear and also
on accipital region with fracture of skull and lacer4at,ion of
brain. It further, reveals that in the opinion__:5i”‘the.l..l\rftidicpal
Officer who conducted autopsy, the
deceased was due to head injury},
4. Accused Nos.
court by order dtd: 1,-3,+.i2/o9″‘ih,,[‘c{i’;te,pNol,A 8184:/2009. On
perusal of the copy of be seen that
the said aocueed.,.o_e.meA tohei grdhtieod,,ihdi1ii on the ground that
the only that they assaulted the
the present petitioner
who «alleged to have assaulted the
deceased and iriflicted fatal wounds on the person
‘”*ofVthe detceiased vthioh resulted in his death. Therefore, the
A =petitioi1.e’r._
(Af’r),i.:does not deserve the grant of bail on the
ground of
K fiactplthat investigation is completed and charge
sheet is filed would not be a sufficient ground for granting
r”—–r\~””
bail to the petitioner. Hence, the present petition is rejected.
The learned Sessions Judge, shall dispose of said
Sessions Case as expeditiously as possible
the other olden: matters pending onmthe file of ll ‘*
‘\¢»r.’,”
toga]: ‘.
Vmb