IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD I)ATED THIS THE 22 J)A’ OF JULY. 201 HE FOR U TIlE I 1ONBLE MR.JUSTICE B.V.PINTO CRIMINAL PETITION NO. 1O77j2O11 BETWEEN: 1. Shri Lakkappa. S/o. Laxrnan Khanadale Age: 47 ears. 0cc: Agriculture R/o. Kankanadi, Tal: Raibag Dist. Helgaum 2. Shri. Pratap, S/o. Laxman Khanadale Age: 54 ears. 0cc: Agriculture R/ o. Kankanwadi. Tal: Raibag Dist. Be1gaum 3 Shii. Shiappa. S/o. Laxman Uhanadale Age: 42 years, 0cc: Agriculture R/o. Kankan\vadi. Tal: Raibag Dist. Belgaum PETITIONERS (By Sri. Javakumar Patil. Sr. Counsel for Sri. A. R. Patil Associates. Advsi AND: The State of Karnataka Through PSI. Mudalagi P.S. Rep. by its State Public Prosecutor S.P.P. Office. Circuit Bench, Dharxvad RESPONDENT (By Sri. \inavak S. Kulkarni. HCGP) 2 This criminal petition is filed under Section 439 of CR.P.C seeking to enlarge the petitioners on bail in connection ith Muclalagi P.S. Cnme No.74 2011 u/s. 143. 147. 3u3. 341. 302. 201 R/w. l4)ofIPC. This criminal petition coming on for orders this cIa. the Court made the following: ORDER Sri.Vina>ak S. Kulkarni. learned High Court Government Pleader for the State has filed statement of objections. 2. This petition is filed seeking bail in Crime No.74/2011 of Mudalagi Police Station which is registered for the otfc nc cs punishable tinder Sections 143 147. 148. 341, 342, 363, 302. 201, 120(b) and 506 R/w Section 149 of IPC. on the basis of the complaint filed by Sri. Laxman Mallappa Bakud on 03.06.2011. 3. The ease has been registered against the petitioners and three others alleging that their son Raghavendra is kidnapped by the accused and that their son has not returned. Subsequentl3. on 10.06.20 1 1. the police have recorded the statement of the complainant S -3- stating that, he was informed by Maruti Byakud and Mahadev Byakuci that they have heard the accused telling that they have committed the murder of Raghavendra and that they have thrown the dead body into the canal by putting it into a gunny bag. The prosecution further alleges that, one Bharamappa Pattankodi has heard the accused conspiring together with three other members prior to 10.06.2011 that, in view of the fact that the brother of the deceased Raghavendra by name Aravind had eloped with Sunita, the daughter of the accused No. I. they had conspired to teach a lesson to the deceased and his family since they were insulted in the society by the act of the deceased and his family. 4. On the basis of the above materials, the prosecution has filed a charge sheet against the accused. On the basis of the above statement of the said Bharamappa Pattankodi, the police have arrested the accused, who were earlier released by the Magistrate Court in the same crime number. . - -.-_#- I 5. The learned I (1gb Court Government Pleader submits that the dead both has not been trw ed and nen the belongings of the deceased ha e not been traced as on toda. 7. Accordingly the petition is allowed with the follos ing tondition. i) The petitioners are directed to be released on bail on their executing a personal bond for a sum of Rs.25000/- (Rupees Tvent Five Thousand onbi each with one suret for the like sum to the satisfaction of the learned Magistrate. Sd! JUDGE 6. Vithout statement of the aspect, which 11.06.2011, I am entitled for bail. expressing an5 opinion regarding the person who has heard the conspiracy statement sas recorded only on of the opinion that the petitioners are gab