IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 20[Fl DAY OF APRIL, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL,P.NO.10432/201 I Between: I Basavyaa Basaaraj S/o Veeraa Hiiemath, Age 60 years, 0cc.: Agriculture, R/o.Hosur, Tq. :Saundatti, Dist. :Belgaum. 2, Basalingayya Veeravva Hiremath, Age 62 years, Occ.:Agriculture, R/o.Hosur, Tq. :Saundatti, Dist. :Belgaum. Petitioners (By Sri.IK.B.Naik and V. K.Naik, Advocates) And: The State of Karnataka. Through PSI Murgod. Represented by Addi. State Public Prosecutor. Dharwad. Respondent (By Sri.Anand K. Navalgimath. HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking that the petitioner be enlarged on bail in Murgod P.S. crime No.110/2010 in S.C.No.306/2010 for the offences p/u/s. 143. 117. 148. 302. 307. 114. 504. 506 r/w. 149 of IPC pending before the Additional Sessions and Fast Track Judge. Saundatti. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard petitioners’ counsel Sri.K.B.Naik and V.K.Naik and also the learned High Court Government Pleader for the respondent-State. 2. At the out set, the submission of the learned High Court Government Pleader for the respondent State is that, this court had rejected the bail application of these petitioners on merits in Crl.P.No. 12040/20 10 and therefore considering the application once again does not arise. 3. On the other hand the submission of the petitioners’ counsel is that, these petitioners are seeking bail on changed circumstances namely, petitioner suffering from high B.P. and marriage of daughter of the petitioner is also fixed and therefore bail is sought on these grounds. 4. Having thus heard both sides and taking note of the offences alleged which includes Section 302 of the IPC, this court had rejected the bail application on merits in Crl.P.12040/2010 on 11.02.201 1, the question of once again considering the application does not arise. However, as the it petitioners counsel submits that the petitioner is suffering from high B.P, anti also there is marriage in the family, the petitioner can get treatment in any Government Hospital. The Jail authorities to ensure that the petitioner b.a4 gett proper treatment anti getihis health restored. As far as the marriage ground put forward is concerned, if anti when the marriage of daughter of the petitioner is fixed, the petitioner can move trial court for release for shorter period for the purpose of attending the marriage. If application is filed in this regard, the same shall be considered by the trial court in accordance with law. Sd/ JUDGE *