Ananthamma W/O Nareppa Beda Jangam And ... vs The State Of Karnataka on 24 October, 2013

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Karnataka High Court

Ananthamma W/O Nareppa Beda Jangam And ... vs The State Of Karnataka on 24 October, 2013

Bench: Huluvadi G.Ramesh

                                 1


            IN THE HIGH COURT OF KARNATAKA
                    GULBARGA BENCH

        DATED: THIS THE 24th DAY OF OCTOBER, 2013

                             BEFORE

    THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH

            CRIMINAL PETITION No.15878 OF 2013

Between :

1. Ananthamma
   W/o Nareooa Bedajangam,
   Beda Jangam, Age: 28 years,
   Occ: Begging and coolie
   R/o Narayanpet, Tq: Maktal,
   Dist: Mehaboob Nagar,
   Now at Indiranagar Gurmitkal,
   Tq and Dist: Yadgir.

2. Mogalappa s/o Sitaram Beda Jangam,
   Beda Jangam, Age: 38 years,
   Occ: Begging and coolie
   R/o Indiranagar Gurmitkal,
   Tq and Dist: Yadgir.                       .. Petitioners

   ( By Sri Ganesh Naik, Advocate )

And :

The State of Karnataka
Through Gurmitkal PS
Tq and Dist: Yadgir.                   .. Respondent

 ( By Sri Sanjay A. Patil, Addl.SPP)

      This Criminal Petition is filed under Section 439 of Cr.P.C.
praying to enlarge the accused-petitioner on bail in Crime
No.66/2013 of Gurmitkal Police Station, Dist: Yadgir, in
C.C.No.269/2013 which is registered for the offence punishable
under Sections 143, 147, 341, 504, 302, 149 of IPC.
                                  2


      This Criminal Petition coming on for orders this day, the
Court made the following :

                             ORDER

Petitioner has sought for grant of bail in connection with Crime No.66/2013, registered in Gurmitkal Police Station for the offences punishable under Section 143, 147, 341, 504, 302, 149 of IPC .

2. It is the case of the prosecution that petitioners and some other persons have joined together and committed the murder of deceased-Bujjamma by holding her hands, neck and legs and strangulated her with a saree. The cause of death is due to strangulation.

3. According to the learned counsel for the petitioners, the deceased as well as the petitioners are beggars. There is no motive for the commission of the office. In a sudden quarrel, the incident took place. He further submits that as the investigation is already completed and charge sheet is filed, the petitioners be granted bail.

4. The learned Addl.SPP submits that when petitioners have earlier moved this Court for grant of bail, the same came to be rejected holding that there is prima facie case made against 3 the petitioners and as there are no changed circumstances for reconsideration of the bail application, petition be rejected.

5. The learned counsel for the petitioners however submits that after filing of charge sheet, this petition is moved and even the post mortem report also does not support the case of the prosecution.

Looking to the post mortem report, it is seen that cause of death is due to asphyxia as a result of strangulation. Since already this court has taken a view that there is a prima facie case against the petitioners and since there are no changed circumstances available to the petitioners at this stage, it is not proper to consider their case for grant of bail.

Petition is disposed of.

Sd/-

JUDGE bk/

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