IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10253/2011 BETWEEN: Sri. Sahadevappa S/o. Dyamanna Yamatti Age: 50 years, 0cc: Agriculture R/o. Galagi Hulakoppa Tal: Kaighatagi, Dist. Dharwad PETITIONER (By Sri. Santosh B. Malagoudar, Adv.) AND: The State of Karnataka Through PSI, Khalghatagi Police Station Represented by its S P P SPP Office, Circuit Bench, Dharwad. RESPONDENT (By Sri. Anand K. Navalgimath, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE HIM ON BAIL ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN SUCH TERMS AND CONDITIONS AS DEEMED FIT IN KHALGHATAGI P.S. CRIME NO.256/2010 FOR THE OFFENCES P/U/S 448, 302 R/W 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner is one of the four accused persons against whom a case is registered in Crime No.256/2010 in respect of offences punishable under Sections 448, 302 R/w Section 34 of IPC. 2. The prosecution case in short is that, the complainant went to the land of her husband on 24.12.2010 to give him food and at that time, she noticed dead body of her husband inside the hut in the field and her husband was lying in a pool of blood and then she informed others in the village and complaint was lodged. In the complaint, it was stated by her that about one year back, during the holy festival, accused No.1 and this petitioner who is accused No.2 took up quarrel with deceased over the issue of grazing cattle in the land of the deceased and keeping this as the motive, as alleged in the complaint, that the accused persons committed murder of her husband by assaulting him. 3. Submission of the petitioner’s Counsel is that this case rests only on circumstantial evidence and there are no eye witnesses except the voluntary statement of accused No. 1 and recovery of a stick said to be at the hands of this petitioner and axe from accused No. 1, there is no other material to connect this petitioner with the crime. Moreover, the alleged motive goes back to one year and it is therefore, unlikely that this petitioner would have taken part in the incident. Further submission made is that, accused Nos.3 and 4 are already released on bail by the trial Court and from this petitioner only a stick is said to have been recovered. Therefore, the petitioner be released on bail. 4 4. On the other hand, the learned High Court Government Pleader argued that, the cause of death of deceased was due to head injury and therefore, the question of granting bail will not arise, It is also argued that, this petitioner is said to have illicit relationship with the complainant who is wife of the deceased. Therefore, the petitioner be refused bail. 5. Having thus heard both sides and taking note of the circumstantial evidence and accused Nos. 3 and 4 having been granted bail, the only material against this petitioner is said to be the alleged voluntary statement of accused No.1 and recovery of a stick and further the post-mortem report also indicating that the injuries caused to the deceased on the head could be caused with hard or sharp object, it is unlikely that the injuries noticed in the post-mortem report could not have been caused by a stick said to have been recovered from this petitioner. 6. Under the above circumstances and taking note of the cause of death and the type of weapon used to cause the said injury, this petitioner can be released on bail by imposing conditions to safeguard the prosecution interest. As submitted by the learned High Court Government Pleader, now charge sheet is also submitted and therefore, the question of this petitioner requiring for investigation does not arise. 7. For the above reasons, the petition is allowed subject to the following conditions: 1. The petitioner shall be released on bail on executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the evidence and shall not give threat to the witnesses in any manner. 6 3. He shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. 4. He shall not leave the place without permission in writing of the jurisdictional Magistrate. 5. If any of the bail conditions are violated, bail ill be cancelled at the request of the prosecution. Sd! JUDGE gab/