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Criminal Petition No.100989/2021 is filed by accused No.19 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) of Raibag P.S. Crime No.82/2012, seeking temporary bail for a period of four months. Criminal Petition No.100987/2021 is filed by accused No.1 under Section 439 of Cr.P.C., of Yamakanamaradi P.S. Crime No.208/2011, seeking temporary bail for a period of four months.

3. The petitioner in both the cases is one and the same who has been convicted for the offence punishable under Sections 302 and 201 r/w Section 34 of IPC and Section 30 of the Act, in S.C.No.378/2011 on 11.02.2013 by II Addl. District and Sessions Judge, Belagavi. Challenging the said judgment of conviction, the petitioner before this Court in Criminal Appeal No.2582/2013 and the same came to be dismissed confirming the conviction of the petitioner. During the pendency of trial in S.C.No.378/2011, another case came to be registered against the petitioner in S.C.No.72/2011 for the offences punishable under Sections 302 and 201 r/w Section 34 of IPC and Section 30 of the Act and in the same case also the petitioner has been convicted by the II Addl. District and Sessions Judge, Belagavi by judgment dated 11.02.2013. That on 28.03.2012, another crime came to be registered against the petitioner in Raibag Police Station in Crime NO.82/2012 for the offences punishable under Sections 143, 147, 148, 307, 341, 324, 326, 427, 120-B, 201 r/w Section 149 of IPC and Section 3, 5, 25(1)(a), 27 and 29(a) of the Act, which is pending on the file of the VII Addl. District and Sessions Judge, Belagavi sitting at Chikodi in S.C.No.79/2013. That on 29.12.2011, another crime came to be registered against the petitioner in Yamakanamaradi P.S. in Crime No.208/2011 registered for the offences punishable under Sections 143, 147, 148, 307, 324, 120B, 504 r/w Section 149 of IPC and Section 25(1-B) (a) and 27(i) of the Act. The petitioner has not applied for any bail in the said two cases. The petitioner who is accused Nos.19 and 1 filed Crl.Misc.No.5184/2021 and Crl.Misc.No.5186/2021, seeking temporary bail for a period of four months and both the cases came to be rejected by separate orders both dated 05.04.2021. Therefore, the petitioner is before this Court seeking temporary bail for a period of four months.

7. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through orders passed by the Sessions Judge.

8. The petitioner on the earlier occasion has been granted temporary bail in Yamakanamaradi P.S. Crime No.208/2011, for a period of 30 days for the purpose of attending the marriage of his daughter. There is no allegation of his violating the conditions imposed while releasing him on temporary bail. The petitioner has produced medical certificate dated 20.02.2021 issued by the Medical Officer, Primary Health Centre, Chinchali, Tq:

Raibag, Dist: Belagavi, wherein it is certified that Smt. Sunanda W/o: Suresh Mutanal, of Itnal Village, aged 33 years is suffering from dysfunctional uterine bleeding and her condition is critical and needs major surgery. As the wife of petitioner is suffering from a disease which required a major surgery, his prayer for temporary bail can be considered by imposing stringent conditions and it is subject to grant of parole by the concerned jail authorities. The petitioner has made out a case for grant of temporary bail for a period of four months.