IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 28TH DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO.10398/201 1 Between: 1. Yamanoorappa S/o.Nagappa Gudagi, Age 40 years, 0cc.: Agriculture, R/ o. Gunnal Village, Tq.: Yalaburga, District Koppal. 2. Smt.Gundawwa W/o.Sharanappa Ingaladal, Age 35 years, 0cc.: Household work and Agriculture, R/o.Gunnal Village. Tq. Yalaburga, Dist.: Koppal Petitioners (By Sri. M .B . Gundwade, Advocate) And: The State of Karnataka, Rep. by the State Public Prosecutor, High Court of Karnataka, Circuit Bench, Dharwad, Through Bevoor Police of Yalburga Taluka, Respondent (By Sri.Vinavak Kulkarni, HCGP) This criminal petition is filed u/S.439 of Cr,P.C. seeking to release the petitioner on bail in Bevoor Police Station Crime No.01/2011, registered for the alleged offences u/S. 302, 201 of the IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard petitioners’ counsel Sri.M.B.Gundwade and the learned High Court Government Pleader for the State in respect of the bail sought by the petitioners, who are A-i and A-2 in Crime No.01/2011 of Bevoor Police Station, in respect of the offences punishable under Sections 302 and 201 of the IPC. 2. The prosecution case as per the complaint in short is that, deceased Shantawwa was not happy with A-2 Gundawwa having illicit affair with A-i Yamanoorappa and, in this connection, the petitioner is said to have killed Shantawwa. 3. The submission made by the petitioners’ counsel is that, in the complaint lodged by Siddappa, son of the deceased, it is mentioned that his mother Shantawwa, who had gone for working in the land on 02.01.2011, did not return home and thereafter, the dead body of Shantawwa was found in her land and her hands were found tied at the back and also her mouth and neck were tied with cloth. There were it: -3- also injuries on the left side of the head. Therefore, complaint was lodged by stating that some unknown person has killed his mother. 4. Referring to the above said complaint averments and the submission made that there are no eyewitnesses to the incident and CW-7 and CW-9 are said to be the two witnesses who have seen this petitioner following the deceased, vet, the statements of two neighbors were recorded only after 15 days and therefore, the petitioners be released on bail at this stage as no material is placed regarding the death of Shantawwa. 5. Submission of the learned High Court Government Pleader is that the statements of the eyewitnesses CW-7 and CW-9 were recorded on 04.01.2011 and therefore there is no delay in recording the statements. 6. Having thus heard both sides, and taking note of the material that is available at this stage and there being Ck, eyewitnesses to the incident, in my view, the petitioners can be released on bail at this stage by imposing conditions to -4- safeguard the prosecution interest. Hence, I pass the following order: ORDER i) The petitioners shall be released on bail on each of them executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. li) They shall not tamper with the evidence and shall not give threat to the prosecution witnesses in any manner. iii) They shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between 10.00 a.m and 5.00 p.m. iv) They shall not involve themselves in the like offences in future. v) They shall not leave their place without prior permission of the jurisdictional Police officer, except for the purpose of attending court. V. sd/I’. np JUDGE