Sri.Ganesh S/O Shivappa Haveri vs The State Of Karnataka on 9 December, 2015

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Karnataka High Court

Sri.Ganesh S/O Shivappa Haveri vs The State Of Karnataka on 9 December, 2015

Bench: R.B Budihal.

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        IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 9TH DAY OF DECEMBER 2015

                     BEFORE

      THE HON'BLE MR. JUSTICE BUDIHAL. R.B

         CRIMINAL PETITION NO.101935/2015

BETWEEN:

1.    SRI.GANESH
      S/O SHIVAPPA HAVERI
      AGE:35 YEARS, OCC:AGRL.
      R/O:TUMMINAKATTI
      TQ:RANEBENNUR
      DIST:HAVERI

2.    SRI.PARASAPPA
      S/O SHIVAPPA HAVANUR
      AGE:29 YEARS, OCC:AGRL.
      R/O:TIMMUNAKATTI
      TQ:RANEBENNUR
      DIST:HAVERI
                                  ...PETITIONERS

(BY SRI HANUMANTHAREDDY SAHUKAR, ADV.)


AND

THE STATE OF KARNATAKA
SUB-INSPECTOR OF POLICE
HALAGERI POLICE STATION
TQ:RANEBENNUR
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DIST:HAVERI
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
DHARWAD
                                       ...RESPONDENT
(BY SMT.VEENA HEGDE, HCGP)


     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C., SEEKING TO RELEASE THE
PETITIONERS ON BAIL IN S.C.NO.54/2015 (CRIME
NO.46/2015 OF HALAGERI POLICE STATION) ON THE
FILE OF THE II ADDL. DIST. & SESSIONS JUDGE,
HAVERI FOR THE OFFENCE ALLEGED UNDER
SEC.302,201 AND 34 OF IPC.


     THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT, MADE THE FOLLOWING:


                        ORDER

This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 302 and 201 read with Section 34 of IPC registered in respondent-Police Station Crime No.46/2015.

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2. Brief facts of the prosecution case as per the complaint averments that brother of the deceased filed the complaint on 11.04.2015 stating that his brother deceased Prakash went to Thimmenahalli at about 6.30 p.m. to collect loan amount and interest from one Ganesh Haveri, who is petitioner No.1 herein, and other persons, who have received the money from the deceased Prakash. It is alleged that on 15.04.2015 himself and along with him Manjappa, Basavaraj, Ajjappa went to search Prakash near Sarvand Ukkunda village, near Ukkunda hill and while searching at about 9.30 a.m. they found the cloths and they went near and saw the footwear of his brother and found the body, which is completely decomposed. Thereafter, Police complaint was given on suspicion for the death of his brother, police have registered the case. On the basis of the said complaint, case has been registered for the alleged offence under Section 302 of IPC against the accused No.1 and during the course of investigation, :4: petitioner No.2 has been arrayed as accused No.2 in the case.

3. Heard the arguments of the learned counsel appearing for the petitioners-accused Nos.1 and 2 and also the learned HCGP appearing for the respondent- State.

4. I have perused the averments made in the bail petition, FIR, complaint and other materials produced along with the petition, so also the order passed by the learned Sessions Judge at Ranebennur, rejecting the bail application.

5. Looking to the averments in the complaint, firstly the complaint has been lodged against accused No.1 on suspicion because of the financial transaction between the deceased and accused No.1. Perusing the materials collected during investigation, they will not :5: make out a case that it is the petitioners, who committed the murder of the deceased Prakash. Admittedly, even according to the prosecution, there are no eye-witnesses to the incident and case of the prosecution rests on circumstantial evidence. Looking to these materials placed on record and the grounds urged in the bail petition, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners.

6. Accordingly, petition is allowed. The petitioners are ordered to be released on bail of the offences punishable under Sections 302 and 201 read with Section 34 of IPC registered in respondent-Police Station Crime No.46/2015, subject to following conditions:

i. Each petitioner has to execute personal bond for a sum of Rs.1,00,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

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ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. Petitioners shall appear before the concerned Court regularly.

Sd/-

JUDGE BSR

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