IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 23rd DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10409/2011 BETWEEN: Sri. Javaram S/o. Annappa Doddanaikar Age: 25 years, 0cc: Agriculturist R/o. Giriyal K.A, Tal: Bailhongal, Dist: Belgaum PETITIONER (By Sri. V. S. Kalasurmath; Sri. P. D. Kulkarni, Adv.) AND: The State of Karnataka By State Public Prosecutor High Court of Karnataka Circuit Bench, Dharwad Through Kittur Police Station Bailhongal Taluka Dist. Belgaum RESPONDENT (By Sri. Vina ak S. Kulkarni, HCGP) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ONB AlL IN KITTUR P.S. CRIME NO.18/2011. REGISTERED BY KITTUR POLICE, FOR THE OFFENCES P/U/S 302 OF IPC & 3(u) (v) of SC/ST (PA> ACT. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER This petition is by the accused against whom a case is registered for the offence;of murder punishable under Section 302 of IPC and Section 3(u) (v) of SC and ST (PA) Act 1989. 2. The prosecution case in short is that, on account of quarrel between the complainant’s son-in- law and this petitioner, which has taken place some time back) on the date of the incident i.e., on 31.01.2011, the petitioner said to have assaulted the complainant’s son-in-law, the complainant’s husband with a stick on the head and on account of the said head injury, the complainant’s husband died. 3 3. Submission of the petitioner’s Counsel is that charge sheet has been submitted and therefore, the petitioner be released on bail. 4. On the other hand, referring to the objection filed, submission made by the learned High Court Government Pleader is that the matter is under investigation and this petitioner has confessed to the crime before one Tippanna Doddanaikar and the cause of death as per post-mortem report is due to the head injury sustained by the deceased. 5. Having taken note of the aforesaid submission put forward and the petitioner said to have made the confession before Tippanna Doddanaikar and the overt acts alleged being assault by this petitioner on the head of the deceased with jungle wood, the petitioner is not entitled for bail as the offence alleged is a serious one 4 attracting life imprisonment or death penalty as punishment. 6. For the above reasons, the petition is rejected. The trial Court is directed to take up the trial at the earliest. The petitioner is also at liberty to move for bail in the event of changed circumstances. Sd! gab/- JUDGE