Karnataka High Court
Shri. Prakash Karanure S/O. Chandrappa ... vs State Of Karnataka By Chikodi Police on 11 January, 2013
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 11TH DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
CRL.P.NO.10030/2013
BETWEEN:
1. SHRI PRAKASH KARANURE
S/O.CHANDRAPPA KARANURE
AGE: 30 YEARS, OCC: AGRICULTURE
R/O. KERUR BANANATIKODI
TQ: CHIKODI, DIST: BELGAUM
2. SHRI VITHAL BADKAR
S/O. SHRIKANT BADKAR
AGE: 19 YEARS,
OCC: STUDENT/AGRICULTURE
R/O. JODKURLI,
TQ: CHIKODI, DIST: BELGAUM - 590 001.
... PETITIONERS
(BY SRI NEELENDRA.D.GUNDE, ADV.)
AND:
STATE OF KARNATAKA BY
CHIKODI POLICE
R/BY THE STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDING,
DHARWAD - 580 011.
... RESPONDENT
(BY SRI V.M.BANAKAR, ADDL.S.P.P.)
THIS CRIMINAL PETITION IS FILED U /S 439 OF CR.P.C. IS
SEEKING TO ENLARGE THEM ON BAIL WHO ARE ACCUSED NOS.1 & 2
-2-
IN CRIME NO.291/2012 ON THE FILE OF CHIKODI POLICE STATION FOR
THE OFFENCES P/U/SEC. 302, 201, R/W 34 OF IPC AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed seeking bail in Crime No.291/2012 of Chikodi Police Station, Belgaum, registered on 25.09.2012, for offences punishable under Sections 302 and 201 of IPC r/w. Section 34 IPC. On the basis of the complaint filed by Shobha Pujari, who is the daughter of the deceased Kallavva.
2. It is the case of the complainant that on 06.09.2012, she came to know that the dead body of her mother had fallen into the well and herself and her husband went and saw the dead body, which was bearing head injuries. A complaint has been lodged on 07.09.2012 based on which U/D No.50/2012 was registered. During the inquest proceedings, it was opined that the deceased had been done to death by some lethal weapons. On 25.09.2012, the Investigating Officer recorded the statement of Suresh Bhima Badakar, who has stated that he has seen accused Nos.1 and 2 assaulting the deceased on her head and causing death. The statement of the said Suresh Bhima Badakar further discloses that the -3- accused has also threatened him not to disclose his witnessing the incident and therefore, he has not divulged the information to the police.
3. Heard Sri Neelendra D.Gunde, learned Counsel for the petitioners and Sri V.M.Banakar, learned Addl.S.P.P. for the State.
4. Sri Neelendra D.Gunde, learned Counsel for the petitioners submits that there is a delay of 20 days in lodging the complaint and therefore, he prays that the petitioners may be enlarged on bail. He also submits that accused No.3 has already been granted bail by the trial court and since he is also facing the same charges, the petitioners herein may also be granted bail on parity.
5. Sri V.M.Banakar, learned Addl.S.P.P. seriously objects to grant bail on the ground that the prosecution has made out a case against the petitioner Nos.1 and 2 for having done the deceased to death by assaulting on her head and intention to commit murder is clearly made out. Hence, he submits that the petition may be dismissed. -4-
6. On a careful scrutiny of the complaint as well as the statement of Suresh Bhima Badakar, which is made available to the Court, without expressing any opinion, I am of the view that the petitioners are not entitled for bail. Accordingly, the petition is dismissed.
The petitioners are at liberty to move for bail after charge sheet is filed, if they are so advised.
Sd/-
JUDGE nvj