IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 12’11l DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10499/2011 BETWEEN: Monappa S/o.Babu Kamble, Age 25 years, 0cc.: Mason, R/o. Ambedkar Galli, Hangaraga, Tq. & Dist.: Belgaum. PETITIONER (By Sri.Vishwanath Badiger, Advocate) AND: The State of Karnataka. Represented by its State Public Prosecutor, (Belgaum Rural P.S.) High Court of Karnataka, Circuit Bench, at Dharwad. RESPONDENT (By Sri.Vina ak Kulkarni, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner/A.2 on bail in S.C.No.201/2010 pending on the file of the Pri. Sessions Judge, Belgaum for the offence punishable under Section 302, 341, 323, 324, 307, 504, 506 r/w. Sec. 34 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s Counsel Sri. Vishwanath Badiger and Sri. Vinayak Kulkarni, learned High Court Government Pleader for the respondent-State in respect of the bail sought by the petitioner who with the other accused persons are accused in Crime No.78/20 10 of Belgaum Rural Police in respect of the offences punishable under Sections 341, 504, 323, 324, 506, 307, 302 R/w Section 34 of IPC. 2. At the outset, submission made by the petitioner’s Counsel is that, earlier this Court declined to grant bail to him and now due to change of circumstances, once again the bail is sought. 3. On the other hand, submission of the learned High Court Government Pleader is that, as per the complaint version, this petitioner assaulted on the head of the deceased with iron rod and also on the complainant’s left leg with iron rod. Following the said assault, the complainant’s father died. In view of the said material against this petitioner, grant of bail is not warranted.k -3- 4. Taking note of the above submission and main allegations are being directed against this petitioner, who is said to have assaulted on the head of the deceased with iron rod and following that the deceased died, and apart from this complainant also having been assaulted by this petitioner with iron rod on his legs and this Court having rejected bail on earlier occasion on merits, I do not see any change of circumstances to take different view now. 5. For the above reasons the petition is rejected. The trial Court is directed to speed up the trial. Sd/ JUDGE gab