IN THE HIGH CC)URT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 18 DAY OF JLLY 2011 BEFORE THE HON’BLE MR.JUSTICE PINTO CR1 M INALPETITONNo.2699Qjl Between: Kallappa S/o .Adiveppa Dalavai, Aged 40 years, R/at Myageri Oni, Ankal, Hubli, Dharwad District. ... Petitioner (By Shri Srinand A. Pachhapure, Advocate) And: The State of Karnataka, By \/idvanagara P.S., Rep. by S.P.P.. High Court Building. Bagnalore-560 001. ... Respondent (By Shri Anand Kumar Navalgimath. H.C.G.P.) This criminal petition is filed under Section 439 of the Code of Criminal Procedure by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in S.C.No.134/l0 (arising out of Cr.No.2 1/10 of Vidvanagara P.S.) pending on the file of I Addl. District and S.i.. Hubli. which is rcgd. For the offence p/u/S.341. 504 and 302 of IPC r/v. 52A and 212 and 34. This criminal petition coming on for orders this day, the court made the following: - S -2- ORDER Heard. 2. This petition is filed seeking bail in Crime No.21/2010 of Vidyanagar Police Station, Hubli, for the offences punishable under Sections 341, 504 and 302 read with Section 34 of the Indian Penal Code and Section 52-A and 212. 3. The case of the prosecution that on 14.03.20 10 at about 0 1:30 p.m., the deceased and the complainant went to the house of the 1st accused i.e., the petitioner herein. He and his two wives - accused Nos.2 and 3, insulted them by abusing in filthy language and picked up a quarrel. When the deceased was going out from the house, accused No.1 in furtherance of common intention to do away with the life of the deceased, stabbed on his abdomen with knife, when accused Nos.2 and 3 held him tight and caused him injury. Meanwhile he was shifted to the hospital, where he succumbed to the injuries on 19.03.2010. 6 -3- 4. The petitioner had unsuccessfully filed an application for bail before the Sessions Court and before this Court and after filing the charge sheet, the petitioner has again filed an application before the Sessions Court. AU the three applications came to be rejected. Hence, the petitioner is before this Court. 5. Heard Shri Srinand A. Pachhapure, learned counsel for the petitioner and Shri Anand Kumar Navaigimath, H.C.G.P. for the State. 6. It is seen that the petitioner is aged about 40 years and that he is in custody since March 2010. The learned counsel for the petitioner submits that the trial has not yet begun, though the charge sheet has been filed in the year 2010 itself, the incident appears to have happened in a fight between the complainant and the accused without expressing any opinion regarding the merits of the case, I am of the opinion that the petitioner is entitled to the bail sought for. t -4- 7. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail on his executing a personal bond for a sum of Rs.25.000/- with one surety for the like sum to the satisfaction of the trial Court with the following conditions: - i) The petitioner shall not threaten the witnesses. ii) If there is any complaint, the bail granted herein shall be cancelled automatically. Sd/ JUDE Rsh