IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 22 DAY OF JULY. 201 1 BEFORE THE HON ELE lRJLSTICE B.V.PI\T() CRIMINAL PETITION NO. 0806 2Q11 BETWEEN: Ramu, Sb. Maruteppa Bellarv Age: 20 \ears. 0cc: Coolie Student. R/o.Ambedkar Nagar Betageri, Tq: Gadag, Dist. Gadag PETITIONER (B Shri A. A. Pathan. Adx.) AND: The State of karnataka Betageri-Gaclag Police Station Gadag. R/b\ State Public Prosecutor Dh arxvad RESPONDENT (B\ Shri Anand K. Na\algirnagth. HCGPj This criminal petition is filed under Section 439 (1 of Cr.P.C seeking to grant bail to the petitioner in Gadag-Betageri P.S. Crime No.23/201 1 registered on 26.04.201 1 pending before the 1-AddI. Civil Judge (Jr.Dn.) & JMFC I Court. Gadag. -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.23/20 1 1 of Gadag-Betageri Police Station registered on 26.04.2011 for the offence punishable under Section 302 of IPC on the basis of the complaint filed by one Smt. Lalita, W/o. Balchandra Hadimani. 2. In the complaint she has stated that on 25.04.2011, her husband Balchandra had left the house and has not returned till late night. On the next day, i.e.. on 26.04.2011, her brother-in-law by name Ravi Hadimani informed her that her husband’s dead body is found near the bridge by the side of a canal on the way to the Rangapajjana Math. When she went there, it was found that her husband had fallen into the water and the dead body was found to have injuries on the left side of the head and also there were bleeding injuries on his 3 upper lips and right ear. It is further stated by the complainant that some unknown person might have killed her husband means of sharp edged weapon and that the’ have further thrcn n the dead both into the water. Hence she has prayed for action. 3. During the investigation, the prosecution has examined one Shrikant a Chikkya who has stated that on 25.04.2011. hen he was carrying on the business. the deceased Balachandra came at about 10.15 pm and at that time. Razaq and Ramu (the petitioner herein) came in a motorcycle and stood in front of his shop. At that time, Razaq started quarreling ith the deceased for a sum of Rs.3001 due from the deceased Balachandra and Razaci has also assaulted on the forehead of the deceased and thereafter. the people around there presented the said Razaq from assaulting him. The accused thereafter took the deceased in their motorcycle. 4 4. From the materials collected by the prosecution. it is seen that on the same night, the deceased had been done to death and therefore. there is proximity hetveen the last seen together circumstance and the death of the deceased. Therefore. I am of the opinion that the petitioner is not entitled for bail at this stage. Petition is dismissed. JUDGE gab