-1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 16TH DAY OF MARCH, 2011 BEFORE THE HONELE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10323/2011 Between: Appanna @ Appayya Siddangouda @ Siddappa Sanadi c’a Gadkari, R/o. Narsingpur, Tal. Hukkeri, District Belgaum. Petitioner (By Sri.Vishwanath Badiger, Advocate) And: The State of Karnataka, Presented by its, State Public Prosecutor, (Yamakanmaradi P.S.) High Court of Karnataka, Circuit Bench at Dharwad. Respondent (By Sri. Anand K. Navalgimath, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Crime No.238/2010 registered by the Yamakanmaradi Police Station for the offence punishable under Sections 143, 147, 148, 504, 506,302 R/w. 149 of IPC. This petition coming on for orders this day, the Court made the following: ORDER Heard the petitioner’s counsel and learned High Court Government Pleader for the State in respect of the bail sought by the petitioner against whom and three other accused persons case is registered in respect of the offence punishable under Sections 143, 147, 148, 504, 506 and 302 read with Section 149 of the IPC. 2. The prosecution case in short is that, the accused persons were having enmity against the deceased because deceased had three wives and with the 1st wife some of the accused had illicit relationship and therefore the deceased objected to this and sent away 1st wife-Manjula. Accused thereafterwards questioned the deceased and told him to take away of his wife. In this background on 20.11.2010 when the deceased was going in the motoröycle along with three other persons, the accused persons Went in a truck, truck was driven by A-2 and the said truck followed the motorcycle and ran over the motorcycle, on account of which three persons including deceased died. -3- 3. Though the petitioner’s counsel submitted that this petitioner was near the petrol bunk and did not join the other accused, yet the statement of the witness recorded by the police reveals that this person was also in the vehicle and the accused after committing the murder in the above motorcycle also confessed to the crime. Therefore having regard to the statement of one Suresh Irappa Hukkeri, the petitioner is not entitled for bail. 4. In view of the aforesaid material available, at this stage, tampering of evidence and witnesses being threatened cannot be ruled out and moreover three persons have died in the incident and as such grant of bail is not warranted. Petition is rejected. Sd! JUDGE Vnp*