IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 18” DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTiCE V. JAGAN NATHAN CRL.P.NO. 10311/2011 Between: Shankarappa Gurubasappa Mussigeri, Age 52 years, 0cc.: Agriculture, R/o. Kalliganur, Tq.: Ron, Dist. Gadag Petitioner (By Sri.B.V.Somapur, Advocate) And: The State of Karnataka. Rep by Gajendragad Police, State Public Prosecutor, Circuit Bench, Dharwad. Respondent (By Sri. Vinavak Kulkarni, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to release the petitioner on bail in C.C. No.420/2010 for the offences punishable under Sections 302, 201 of IPC which is pending on the file of learned Civil Judge (Jr.Dn.) JMFC, Ron. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard the petitioner’s counsel and learned High Court Government Pleader for State in respect of the bail sought by the petitioner who is accused of having committed murder of the complainant’s mother by assaulting her with sticks. 2. The prosecution case in short is that the complaint was filed by one Mahantesh Yalaburgi stating that his mother was missing and after search he was ultimately informed that on 07.09.2010 there was a galata in front of the house of the complainant Mallappa and Mallappa came and saw the petitioner drunk and assaulting the complainant’s mother and killed her and he threw her dead body in the nala. There was a dispute between the petitioner and the deceased and apart from the eyewitness CW6 the prosecution also relied on the information given by the petitioner himself about the incident to CWs-7, 8 and 9. 3. Though the petitioner’s counsel argued that the bones which were recovered from the nala having been identified as that of the deceased, in view of the objections filed by the State stating that eyewitness is there for the -3- incident apart from the accused petitioner having informed about the incident to the prosecution witness, therefore grant of bail is thefere not warranted for the offence alleged as offence of murder attracts death or life imprisonment, tempering with the evidence, threatening witnesses cannot be ruled out. 4. For the above reasons bail petition is rejected. Sd! * JUDGE Vrtp