IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.4574/2017 BETWEEN:
MADAPPA @ SHEKHAPPA S/O LATE SHIVAVASAPPA AGED ABOUT 55 YEARS R/A HANDARAKALLI VILLAGE CHAMARAJNAGAR DISTRICT – 571 313. …PETITIONER (BY SRI MANJUNATH N.D., ADV.) AND:
THE STATE OF KARNATAKA THROUGH CHAMARAJNAGAR EAST P.S. REP/BY SPP HIGH COURT BENGALURU – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.324/2016 OF CHAMARAJANAGAR EAST POLICE STATION, CHAMARAJANAGAR, FOR THE OFFENCES P/U/S 302, 201, 182 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioner is charge sheeted by the respondent-police for the offences under sections 302, 201, 182 r/w section 34 of IPC in their Cr.No.324/2016.
3. The allegation is, the petitioner developed hostility against his father since his father was about to transfer his property in favour of his daughter. On 16.10.2016 while the deceased was in the farm land, he assaulted him with a club, thereby caused grievous injuries on his scalp with an intention to kill him and has done him to death. The complaint was lodged against unknown person.
4. Perused the charge sheet papers. The prosecution case rests on the circumstantial evidence of the witnesses. That being so, investigation having been complete, petitioner having deep roots in the Society without previous criminal antecedents, there is no impediment to allow the petition.
Accordingly, the petition is allowed. Petitioner is enlarged on bail in Crime No.324/2016 of respondent- police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- with one local surety for the likesum to the satisfaction of the concerned Court.
The surety shall produce his original title deeds pertaining to the immovable properties and his identity/Aadhar card for perusal of the Court.
(ii) He shall attend the Court on all hearing dates regularly and punctually.
(iii) He shall not terrorize the prosecution witnesses.
Dvr:
Sd/- JUDGE