Karnataka High Court
Bhimshya S/O Kallappa Pujari vs The State,By Cpi Indi, on 16 January, 2009
Author: Ashok B.Hinchigeri
Bench: Ashok B.Hinchigeri
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 16™ DAY OF JANUARY 2909 OS
BEFORE. |
THE HON'BLE MR.JUSTICE ASHOK B, HINCHIGERI
CRIMINAL PETITION Ho.8841 OF 2008
BETWEEN: | | Cs
Bhimshya S/o Kaliapa Putari
Age 65 years 2
Occ: Coolle
R/O Nagaralli
Taluk: Indi
District: Bijapur
a re .. PETITIONER
(BY SHERS. Lagaii, Advocate)
AND: . BO
The State af Kar nataka
By C.P.i, Indi, :
So . RESPONDENT
{By Sri Sharanabassappa K. Babshetty, HCGP)
This Criminal Petition is filed under Section 438 of the Code of
Criminal Procedure by the advocate for the petitioners praying that
" puinishable under Section 143, 147, 148, 904, 506(2), 341, 302 r/w
"149 of IPE,
8 This Criminal Petition coming on for orders this day, court made
the following:
tw
ORDER
The respondent registered Crime No. 206 of 2008 "for. the . offences punishable under Sections 143, 147, 148, sod, "508(2), 341, 3062 read with 149 of the Indi an Pénal Code and: Section 25 of the Indian Arms Act.
2. The case of the prosecut on in. bret 's that there was intensified enmity. 7 between the" "petitioner and deceased Basavaraj. On 22 ae * September, 2008 the accused No.1 held the pistol near tha. chest of Basavaraj. 'On the said Basavaraj hitting his arm, the pistol et down, . Meanwhile his mother Gurubai (complainant) came to her ¢ son's rescue. The accused persons . pushed her away. The other accused persons assaulted | Basaveray with: knife and stone on different parts of his body. Basavara} feli down screaming and died. The Sessions Court, by
- _ its order, 'dated 5" December, 2008 dismissed the petitioner's . application for bail.
: - 3. Sri R.S. Lagali, the learned counsel! appearing for the . petitioner submits that the petitioner was not at al! Present on . the spot, when the alleged incident took place. He read out the .
eva WVWIWANIWU 3A pum oe mate aw VY WE RARINAIMAA FON COUKE OF KARNATAKA HIGH COUl supplementary statement of Smt. Gurubai, yfersin. ste. has the accused No.3 {the petitioner herein), she. has stated that he is responsible for the murder of her son On. "account of the dispute over the performance of 00a to Lekshmidevi temple. He also read out the statements of other eyewitness to drive hore the point that the pe ritioner \ was not nresent on the spot. What is aleged against him by different witnesses, whose statements ave recorded, 'is that the petitioner was nursing grievance against the: deceas ed and that he had conspired with
4. Sri -Sharanabassappa K. Babshetty, the 'earned Government. pleader appearing for the respondent submits that Dundappa (CW. 6) and Shivayogappa (CW.7) have spoken of the motive behing 'the petitioner wrecking vengeance against the decea: sed.
" 7 S. The records produced by the learned Government Pleader | contain the voluntary statements of the accused No.1, 2, 4 and
8. But they pertain to the weapons used for killing the said ABH fob ee:
Re ae Fhe e ig ma ae a8) ¥NOOD HOIH WIVLIVNAVA dO 14NOD HOI WAVIVNAVH JO LUNOD HOI YAVIVNEYY dO LENOD HOIH wWiviwnowy 40 PND He wien an tunian
(i) The petitioner shall execute a bond for Rs.1,00,000/-.
[Rupees one lakh only] with two sureties for the ike sum to the satisfaction of the jurisdictional Court. so BRR wa SU OW RARIWALARA Fd OO Cit} The petitioner shall be regular in attending the Trial Court.
(i) The petitioner shall not tamper. with the prosecution
5 we er witnesses. --
(iv} The petitioner shali marx his presence between 10.00 : a.m. and 2.60 p.m. on the first and fifteenth of every monti: before the Station House Officer, Indi Police | _ Station.
: a 7. 1f the petitioner violates any of the conditions stipulated . mS hereinabove, it is open to the prosecution to seek the : cancellation of this bail.
7 . 8. Bailis granted conditionally.
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