A’ —I— IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 19Th DAY OF JULY, 2011 BEFORE THE HONBLE MR.JUSTICE B.V.PINTO CRL.P.NO. 10768/2011 Between: Shri Kareppa, Sb. Mayappa Bhutali 4 Magadum, Age: 31 years, Occupation Agriculture, Rio. 1-lalyala, Taluk Athani, District: Belgaum. . . .Petitioner (By Shri Vitthal S. Teli, Advocate) And: The State of Karnataka, Represented by the Public Prosecutor, Through C.P.l. Jamkhandi. .. .Respondent (By Shri Anand Kumar Navalgimath, H.C.G.P.) This criminal petition is filed under Section 439 of the Code of Criminal Procedure seeking to grant regular bail to the petitioner in Sessions Case No.82/20 10 pending on the file of the Fast Track Court, Jamkhandi for the offences punishable under Sections 436 and 447 read with Section 34 of the lndian Penal Code. This criminal petition coming on for Orders Group this day, the Court made the foilowing: - I a. -2- ORDER Learned HCOP prays for time. The petitioner has been filed on 20.6.2011. Even after the lapse of one month no objection has been filed. Hence, T am of the opinion that time need not be granted to the Public Prosecutor and he has orally opposed the bail application. 2. The petition has been filed seeking bail in Crime No.82/20 10 of Savalagi Police Station for offences under Section 447, 436 r/w 34 I.P.C. 3. It is the case of the complainant that the complainant is the owner of the land bearing RS NO.59/2 situated at Ohote Village of Jamakhandi Taluka and the complainant had put up cottage/hut in the said land and he is residing therein along with his wife and children. The complainant’s daughter by name Smt. Kusumavva was married to Accused No.1 (petitioner) and thereafter dispute arose between the petitioner and Smt.Kusumavva i.e. daughter of the complainant and as such the daughter of the complainant is residing in the house of the petitioner since two months ago. It is stated that on 20.5.20 10 during night hours at about 11.00 P.M. the petitioner wrong fully trespassed into the land of the complainant and set the fire to the of the eornplainant and caused thrlcsnft78OOGCaiid — - 3 hence the ha c committed the aforesaid uffetices. The police have filed ib F.! R to Court. 4. Howier, since the petitioner is in custody and charge sheet has been filed, I am of the opinion that the petitioner is entitled to Bail. Hence, the applicat ion is allowed. 5. The petitioner is directed to be released on bail Cifi 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. Sd/ JUDGE BS