IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED TI-uS THE Q(flI DAY OF SFiPTEMBER. 2011 BEFORE THE HON’BLE MR.JUSTICE B.V.PINTO ç?i P NQ. 10946_&10947/2011 IN CRLP.NO.10946/2O11 Between: SMT. SARASWATI W/0YELLAPPA KUNNUR AGE: 58 YEARS, 0CC: AGRI R/0GUDDAD - HULIKATT1 TAL: KALAGHATGI PETITIONER (BY SRI S.R.HEGDE AND ASSOCIATES, ADVOCATES) And: THE STATE REPRESENTED BY RIGHT COURT. ADDL. P.RDH?R\VAD (KALAGHATGI P.5) RESPONDENT (BY SRI VINAYAK S.KULKARNI. HCG P.) THIS CRIMINAL PETITION IS PILED U/S 438 OF CR.P.C. SEEKING To ENLARGE THE ACCUSED NO.2/PETITIONER ON ANTICIPATORY BAIL IN KALAGHATAGI P.S. CRIME NO.140/2011 DATED 6.7.2011. IN CRL.P.NO.10947/20i 1 Between: NAGARAJ - S/O.YELLAPPA KUNNUR AGE: 28 YEARS, 0CC: AGRI R/O.GUDDAD - HULIKATFI TAL: KALAGHATGI PETITIONER (BY SRI S.R.HEGDE AND ASSOCIATES, ADVOCATES) And: THE STATE REPRESENTED BY HIGHT COURT, ADDL. P.P.DHARWAD (KALAGHATOI P.5) RESPONDENT (BY SRI VINAYAK S.KIJLKARNI, HCGP.) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE ACCUSED NO.1/PETITIONER ON ANTICIPATORY BAIL IN KALAGHATAGI P.S. CRIME NO.140/2011 DATED 6.7.2011. THESE PETITIONS COMING ON FOR ORDERS THIS DAY. THE COURT MADE THE FOLLOWING: ORDER These petitions are filed seeking bail in Crime No.140/201 1 of Kalaghatgi Police Station. Dharwad district registered on 06.07.20 1 1 for the offences under Sections 498A and 302 IPC r/w. Section 34 IPC. 2. The complaint is filed by one Kusuma. who is the mother of the deceased. It is alleged that after the marriage. deceased Renuka was ill-treated by the petitioner and his 4* ‘3 mother regarding the inabilit3 to cook properly. It is stated in the complaint that the petitioners sere making the deceased to fast in the house iithout giing an3 food and negotiations ere held and the petitioners iere ad ised not to harass the deceased. Howeer. on 06.07.2011 at about 1 p.m.. it ias stated that the house in hich the deceased as living as amenating smoke and that the deceased had died. On the receipt of the information, when the complainant sent to the house, the dead body of the deceased was found in the sleeping room with severe burn injuries. The petitioners were not found near b3. On the basis of the complaint of the mother of the deceased, a case has been registered. 3. Heard Sri S.R.Hegde. learned Counsel for the petitioners and Sri Vina3ak S.Kulkarni. learned High Court Government Pleader for the respondent State 4. Learned High Court Government Pleader has filed the statement of objections. In the statement of objections. it is stated that during the investigation it is found that one Siddappa Kumar and Basanagouda Patil who are the neighbours of the petitioners have stated that hen tN. C -4- smoke was amenating from the house, the petitioners were present at the spot but they have not responded for the smoke and went away and thereafter, they opened the door and extinguished the fire. Offence under Section 302 IPC has been made out and at this stage petitioners are not entitled for any bail and hence, both the petitions are dismissed. Petitioners are at liberty to revive their application after the completion of the investigation. Sd,. JUDGE n’j