Karnataka High Court
Chandrappa Shivappa Idigoudra vs State Of Karnataka on 25 April, 2013
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 25TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR.JUSTICE B.V.PINTO
CRL.P.NO.10610/2013
BETWEEN
CHANDRAPPA SHIVAPPA IDIGOUDRA
S/O. SHIVAPPA IDIGOUDRA
AGE: 32 YEARS,
R/O. MEVUNDI VILLAGE,
HAVERI, DIST: HAVERI ...PETITIONER
(BY SRI. M V HIREMATH & V S KALASURMATH, ADVOCATE)
AND
STATE OF KARNATAKA
BY ITS GUTTAL POLICE STATION
R/BY PUBLIC PROSECUTOR,
HAVERI ...RESPONDENT
(BY SRI. V.M.BANAKAR, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON
REGULAR BAIL IN CRIME NO.152/2012 & IN
C.C.NO.147/2013 ON THE FILE OF THE GUTTAL POLICE
STATION, HAVERI TQ. & DIST., FOR THE OFFENCES P/U/S
143, 147, 148, 323, 324, 302, 307, 451, 504, 506 R/W 149 OF
IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING: -
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ORDER
This petition is filed seeking bail in Crime No.152/2012 of Guttal Police Station, registered for the offences punishable under Sections 506, 504, 143, 147, 148, 323, 324, 302, 307, 451, 504, 506 read with Section 149 of IPC.
2. It is the case of the complainant - Maruti that the petitioner and eight others have committed the murder of the deceased on 05.12.2012 at about 07:00 a.m. by holding weapons like iron rod and other lethal weapons. The learned counsel for the petitioner submits that the petitioner has not assaulted on the vital part of the deceased, nor he was holding any weapon in his hand. It is further submitted that the petitioner is an agriculturist and that the allegations indicate that he had assaulted with hand to the complainant and no overt acts are alleged in respect of the deceased.
3. Having regard to the overt acts alleged against the petitioner and since the charge sheet is already filed -3- and the petitioner is in custody, I am of the view that the petitioner may be enlarged on bail. 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/- with one surety for the like sum to the satisfaction of the Trial Court/Magistrate.
Sd/-
JUDGE Rsh