Karnataka High Court
Saheblal S/O Gudusab Kunabi vs The State Of Karnataka on 28 May, 2013
Author: Ravi Malimath
Bench: Ravi Malimath
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
ON THE 28TH DAY OF MAY 2013
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
CRIMINAL PETITION NO.15129 OF 2013
BETWEEN:
SAHEBLAL S/O. GUDUSAB KUNABI
AGE: 45 YEARS, OCC: AGRICULTURE
R/O. HANJAGI VILLAGE
TQ: INDI, DIST: BIJAPUR
... PETITIONER
(BY SRI. SHARANAPPA MATTUR, ADVOVATE)
AND:
THE STATE OF KARNATAKA
BY INDI POLICE STATION
... RESPONDENT
(BY SRI. S. S. ASPALLI, HCGP)
THIS CRIMINAL PETITION FILED UNDER SECTION
439 OF THE CODE OF CRIMINAL PROCEDURE, 1973
PRAYING TO RLEASE THE PETITIONER ON BAIL IN
C.C.NO.339/2012 (CRIME NO.166/2012) OF INDI POLICE
STATION) PENDING ON THE FILE OF CIVIL JUDGE
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(SR.DN.) & JMFC COURT INDI, WHICH IS REGISTERED
FOR THE OFFENCE P/U/S302 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Based on the complaint lodged by Gudusab a criminal case was registered in Crime No.166/2012 of Indi police station for an offence punishable under Section 302 of the Indian Penal Code.
2. The investigation is completed and the charge sheet has been filed. The case was made out is that the petitioner threw the deceased in a dry well of 30 feet depth and the deceased sustained grievous injuries and died. Thus, the accused/petitioner committed an offence punishable under Section 302 of Indian Penal Code. On being arrested, he filed a petition under Section 439 of Cr.P.C. seeking bail
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3. The order sheet would show that adjournment was sought on three previous dates. Today the matter has been posted. The learned counsel for the petitioner is absent. I have heard the learned HCGP. On perusal of the material on record, I' am of the considered view that it is not a fit case to enlarge the petitioner on bail. The petitioner has thrown his brother in a dry well of 30 feet depth and it is premeditated act. The evidence of other witnesses would also implicate the petitioner. There are substantial materials on record to proceed against the petitioner. I' am of the considered view that there is a prima facie case made out against the petitioner. Even otherwise the petitioner is the brother of the deceased and enlarging him on bail would be wholly improper.
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4. For the aforesaid reasons, the petition is being devoid of merits, is dismissed.
Sd/-
JUDGE Srt