Karnataka High Court
Sunil Suresh Bellad vs The State Of Karnataka on 11 February, 2013
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DA TED THIS THE 11 T H F EBRU ARY 2013
BEFORE
THE HON 'B LE MR.JUSTICE B.V.PINTO
CRIMINAL PETITION NO.10175/2013
BETWEEN:
SUNIL SURESH BELLAD,
AGED ABOUT 19 YEARS,
OCC: SERVICE
R/O. JANATA PLOT, GOKAK
TALUK GOKAK, DIST: BELGAUM. ... PETITIONER
(BY SMT.P.G. NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP.BY STATE PUBLIC PROSECUTOR,
(GOKAK TOWN POLICE STATION) ... RESPONDENT
(BY SRI.V.M.BANAKAR, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439
OF CR.P.C. IS SEEKING TO RELEASE THE PETITIONER
ON BAIL IN GOKAK TOWN P.S. CRIME NO.185/2012
FOR THE OFFENCE P/U/SEC. 302 IPC.
2
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed seeking bail in Crime No.185/2012 of Gokak Town Police Station registered for the offence punishable under Section 302 of IPC on 28.09.2012.
2. It is the case of the prosecution that, deceased Krishna was in love with one Salomi and in that connection there was some misunderstanding between himself and Vishnu Kullur who was also proclaiming that, he is in love with her. It is further case of the complainant-Sri.Maruthi, who is father of the deceased that on 27.09.2012, when the petitioner and the deceased along with their friends met 3 together near the Jadhav bridge, there was some altercation between the friends and during the said altercation, it is the case of the prosecution that, the petitioner assaulted the deceased Krishna by means of knife on his neck and ran away. Krishna died subsequently at about 11.20 p,m.
3. Heard Smt.P.G.Naik learned Counsel appearing for the petitioner and Sri.V.M. Banakar, learned Addl.S.P.P for the State.
4. It is submitted by learned Counsel for the petitioner that, the petitioner is aged about 19 years and that the incident has happened in the spur of a moment when they were discussing about the love affair of Salomi. It is further submitted that, there was no preparation nor any 4 intention for the commission of the offence. Hence, she submits that, the petitioner may be enlarged on bail.
5. The learned Addl.S.P.P. submits that, the petitioner has assaulted on neck of the deceased which is a vital part and the deceased has almost instantaneously died. There are ten eye witnesses to the incident. He further submits that, knife has been seized at the instance of the petitioner. Under the circumstances, he submits that, the petition may be rejected.
6. Without expressing any opinion regarding the merits of the case, I am of the view that, the petitioner may be admitted to bail. 5
7. Accordingly, the petition is allowed. The petitioner is directed to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety for the like sum, to the satisfaction of the learned Sessions Judge or learned Magistrate, as the case may be.
Sd/-
JUDGE KSR*