IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21st DAY OF JANUARY 2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.10022/201 1 BETWEEN: 1. Holiyappa @ Holiyappagouda, S/o Somangouda M Patil, Aged 40 years, 0cc: Agriculture, Rio Garjanal Village, Kushtagi Taluk, Koppal District. 2. Fakirappa S/o Chatrappa Temminal, Aged 45 years, 0cc: Agriculture, Rio Garj anal Village, Kushtagi Taluk Koppal District. . . . PETITIONERS (By Shri. S.M.Kalwad, Advocate) AND: The State of Karnataka, Through Tavargera Police Station, High Court Building, Circuit Bench. Dharwad Represented by its State Public Prosecutor. .. RESPONDENT (by Shri Vinayak S Kulkarni, Adv.,) This Criminal Petition is filed under section 439 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in Crime No.53/2010 registered by the Tavargera Police Station, for the offences punishable under sections 302 read with 34 of the Indian Penal Code. This petition coming on for Orders this day, the court made the following :- ORDER Heard the learned counsel for the petitioners. 2. The facts are as follows :- The complainant was one Sharanappa of Garjanal Village. It is stated that on 14.7.20 10, the complainant and his brother Mallappa and the accused namely, Holiyappa and Fakeerappa had attended a funeral ceremony and had returned to the village. The complainant went to his house while deceased Mallappa and the accused went towards the shop of one Yankappa. At about 11 p.m., he heard a commotion from g 3 the direction of the shop of Yankappa. He went there and it was noticed that both the accused had quarrelled with his brother Mallappa over a boundary dispute that was long pending and when the complainant suggested that the matter could be discussed in the morning, the accused however, did not relent and they brutally assaulted Mallappa and they punched and kicked him in his testicles. On account of the injury, he had fallen down. The complainant helped him home. However, Mallappa complained of severe pain and he was rushed to the hospital. But, even before he could be treated, he was dead. It is on that basis that a complaint came to be lodged. A case was registered and the accused were arrested and produced before the Magistrate. The petitioners herein had earlier filed a bail application before the Court ofthe Sessions, which was rejected. Yet another application having been filed and the same having been rejected, the present petition is filed. 3. The learned counsel for the petitioners would seek to contend that according to the medical report, the cause of death 3 4 was due to cardiac arrest and therefore, it could not be said that the deceased had died on account ofthe injuries suffered in the alleged incident. 4. On the other hand, the medical report would indicate that there were injuries found on the testicles of the deceased and the death was on account ofshock leading to cardiac arrest Therefore, in view of the injuries and the direct allegation that it was on account of the accused having kicked the deceased in his testicles and that it resulted in the death ofthe deceased and this having been witnessed by several persons, who were witnesses, according to the statement of objections filed by the Government Pleader, there is no ground made out for enlargement ofthe petitioners on bail. Hence, the petition is rejected. JUDGE nv