-1,
IN THE HIGH COGRT OF KARHATAKA AT BAHGALORE
DATED THIS THE 473 DAY OF AUGUST', 2009
BEFORE
'THE HON'BLE MRJUSTICE SUB}-IASH 19..AI:;:
CRIMINAL PETITION NC).2860l2009
BETWEEN:
1 UDAYA @ UDAYAKUMAR @ KATU
S/6;) LATE KASHI MODALIYAR, _ i
AGED ABOUT 27 YEARS, WRITER Cm "
GOPALA RAO, R/0 STHCROSS, HOSAMANE
BEHIND SHIMOAGA GAS, JaIL"*:;>:oAB,"- V
SI-IIMOGA.
2 ARUNA@ARUNAKUBaiFsR
S/Q {ATE KASHI MOEi.A£;§AR'.,21;§'.Ei~;RS, _
CUSHION WORKER, R/o_T_sTHcR*;1ss,_ HQSAMANE
BEHIND SHIMOGA GAS,_JAIL Ii_O.AD',' ; ..
SHIMOGA CITY; ' - ~
3 A K;:.MA_mA @,NEPAL3-MANJA j
S;0"'AR11:\n{I;MAR.gmEI3._2'?__Y1:ARs,1=>A1N*I'£x2,
mo 32:-cgoaa, Hosammsss,
SHIVASHANKAR .GARRv?;_(3E DOWN,
SHKMOGA'; '
~ PE'E'I'1'£ONERS
(By srm 3 £}E8HPANDE,ADV3
V V THE S91'-,:>.'1*E"(:>;"«'v KARNATAKA
air 12URA~L POLECE (01,131, SHIMOGA.
RESPQ§\ifiEN'I'
(By Sr*i.B.BALAKRISHNA, HOSP.)
CRLP FILED U/8.43'? CR.P.C BY THE} ABVQCATE FOR THE
.'PETiTEoNER PRAYING THAT THIS HON"'BLE COURT MAY BE
PLEASED TO ENLARGE 'THE PETITIONERS ONEBAEL EN CRIME
-2-
NO.4/2009 OF' RURAL POLICEKJLD3 SHIMOGA, PENDING ON THE';
FILE OF THE SESSIONS JUDGE, FTC-I, SHIMGGA. FOR THE
OFFENSE P/[HS 364, 365, 302, 201 RIW 34 OF IPC.
THIS PETETION comma ON FOR ORDERS THIS
comm' MADE THE FOLLOWING:
inifiaiiy wife of the deeeaseti 3&1
4.1.2009
, which was registeree_1 ‘*–.i;z V N¢,;7’2e2:/V2®39 V%byef
Shimoga rural police. I171’ the epecificafly
aiieged that, there was a pefitioner No. 1 and
the deceased and she to make an
enquixy with of investigation
found __been kidnapped and accordingly
case was for.:’the”‘–~oftence punishabie under Sections
V 364, ecgsuw 3%: 1150 in crime No.4/2009 on 3.1.2009.
course of investigation the police got the
deceased has been murdered. In this
V VV _regaItfI’;– they the accused and based on the voiuntaly
H H ” 4.44’*sf:ézterx;e1zt’a;;:1d also the circumstances. the petitioners have been
:»._1 13fire§;endeé. The boeiy was recovered and found that it was
‘¥:.¥.I1’.ot after the muréer. The mofive aileged against the accused
A ” ” that, one Kama was tenant of the accused no.1 ané vacated
the house and she insisted the refund of advance amount.
3. In this mgaxfl, the deceased was also insisted the
immediate payment and there was a quarrei and the quaxrei had
reached the police station. it appears, the matter Wasefiéetfled
before the police station and settlement was made’
refund was not made.
With this znofive, the accused ‘a
deceased. In this regard, he
committed muxtletr and destreyw he
has burnt the body. Iniaattg wife”‘he.}j: sfiapect¢d”the””peutioner
No.1 and that is xevealed .eb;x_1plam’ t.
considermg anti motive and also
co11sicie1’ixvigr¢ “t.¥.:_1eV by the petitioner No.1,
petifioner Ne; % is net A1-,=.zs1’i;i;t1lVec1 for bail. However, the other
” pefitieners No.2 and 3 are enlarged on bail
*-.’:s1ui:jé:’c.t cxandifions;
the petition is allowed. The pefzifiomtrs No.2
_ .4 $131 3 erglafged on bail eubject to following canditions:
_ ; ?a}..’Tfie petitioners No.2 ami 3 shall execute persanal
bond for R$.25,GO0/ – each with one surety’ for the
Z Iikeeum amount to the satisfaction of the Gourt.
b) The yefitioners No.2 and 3 shall net tamper with
the prosecutiafl witnesses at the matefial
. in
cadence; ‘
. K R
c) The pefitioners No.2 and 3 ghall appear befoze :;1’§i£=:,
Court regularly.
1uaqe %
*AP/ ~