—1— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 25” DAY OF JULY, 2011 BEFORE THE KON’BLE MR.JUST1CE B.V.PINTO CRIMINAL PETITION NO.272812011 BETWEEN: Sri. Laxman S/o Rangappa Kanakani Age: 42 years. 0cc: Agriculture R/o. Linganur, Tal: Jamakhandi Dist: Bagalkot. PETITIONER (By Sri. Srinanda A. Pachchapure. Adv.) AND: The State of Karnataka By PSI, Bilagi P.S., Now rep. by SPP RESPONDENT (By Sri. Vinavak S. Kulkarni, 1-ICOP) This criminal petition is filed under Section 439 Cr.P.C praying to enlarge the petitioner on bail in CrI.No.217/2010 of Bitagi P.S., Bagalkot District, which is regd. for the offence p/u/s. 143, 147. 148. 302. 504 R/w. Section 149 of IPC. I.e -2- This criminal petition coming on for orders this day, the Court made the following: - ORDER This petition is filed seeking bail in Crime No.21 7/2010 of Bilagi Police Station, which is registered for the offences punishable under Sections 143, 147, 148, 302, 504 R/w. 149 of IPC. 2. It is the allegation in the complaint that, on 22.09.2010 at about 6.30 a.m. when the uncle of the complainant Rajeev Mallappa Kamatagi vent to the field and at that time, there was quarrel taking place in the field. He noticed the accused in all numbering nine including the petitioner were assaulting the deceased Shiddalingappa. It is the specific allegation against the petitioner that he had an axe in his hand and has assaulted on the head of the deceased. The post mortem report reveals that the death is due to Cardio Respiratory failure due to shock and hemorragic and injury to vital organ (brain). -3- 3. Heard Sri. Srinand Pachchapure. learned Counsel for the petitioner and Sri. Vinayak Kulkarni. learned High Court Government Pleader for the State. 4. The learned Counsel for the petitioner submits that the other accused have been granted bail and that they have not misused the liberty extended to them by the Court. However, on a careful observation of the FIR and other materials, it is seen that the death is caused due to the injury as a result of assault by the petitioner on the head of the deceased by means of an exe. 5. Without expressing any opinion at this stage, I am of the opinion that the petitioner is not entitled to bail. Accordingly, the petition is dismissed. Sd! JUDGE gab