IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.1731 OF 2019 BETWEEN:
MR.DALU @ DALI M.B. S/O BELLIYAPPA AGED ABOUT 42 YEARS R/AT 11-A-139, PENSION LINE CHAMUNDESHWARI NAGAR MADIKERI TALUK KADAGU – 571 201 ...PETITIONER (BY SRI MOHAMMED FARUKE, ADV.) AND THE STATE OF KARNATAKA THROUGH SULLIA P.S.
REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.54/2017 OF SULLIA P.S., D.K., DISTRICT FOR THE OFFENCE P/U/S 120B, 341, 364, 302, 201 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.54/2017 of Sullia Police Station, which is now pending in S.C.No.5016/2018 on the file of V Additional District and Sessions Judge, D.K., Mangalore sitting at Puttur.
2. He is facing trial in the said case along with other accused on the allegation of commission of murder of one Ravi with deadly weapons and to screen the evidence of offence, disposing the dead body in the forest area.
3. The earlier petition of the petitioner in Criminal Petition No.8081/2018 for bail was rejected by this court on 18.12.2018 on merits. Petitioner has come up before this court again for bail.
4. The only change of circumstance he is urging is that his daughters aged 17 and 8 years are studying and his wife is not taking care of them. Therefore, to take care of those children, his release from custody is required.
5. Except the self-serving statement of the petitioner, there is nothing to show that his wife has neglected to take care of the children. In the earlier petition, no such ground was taken. This court does not find any convincing circumstance much less changed circumstance to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE KNM/-