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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 31^ST DAY OF MAY 2021

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100631/2021

BETWEEN:

SRI. MALLIKARJUN

S/O: SIMANTAPPA CHANDARGI,

AGE: 56 YEARS, OCC: AGRICULTURE,

R/O: AMARAPUR, TQ: KITTUR,

DIST: BELAGAVI-590001.

...PETITIONER

(BY SRI.SANTOSH B.MALAGOUDAR, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH PSI, KITTUR POLICE STATION

REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR

SPP OFFICE,

HIGH COURT OF KARNATAKA,

DHARWAD.

... RESPONDENT

(BY SRI. RAMESH CHIGARI, HCGP)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 439 OF CR.P.C., PRAYING TO ENLARGE HIM

ON BAIL ON SUCH TERMS AND CONDITIONS AS

DEEMED FIT IN KITTUR P.S. CRIME NO.111/2020 FOR

THE OFFENCES PUNISHABLE SECTIONS 302, 307, 504,

506 OF IPC, INSOFAR PRESENT PETITONER, ACCUSED

NO.1 IS CONCERNED.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the accused under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the 8Cr.P.C.9, for brevity)

seeking bail in Crime No.111/2020 of Kittur Police

Station, registered for the offences punishable under

Sections 302, 307, 504, and 506 of The Indian Penal

Code (hereinafter referred to as the 8IPC9, for brevity).

2.

It is the case of the prosecution that one

Smt. Shantavva Basavaraj Chandaragi, resident of

Amarapur village, has lodged a complaint stating that

she is residing with her family consisting of her

husband, his elder brother Mallikarjun and his wife

residing separately in the same house. Since four

years, there is a dispute between the husband of the

complainant and his brother Mallikarjun with regard to

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their land since then Mallikarjun was not in good

terms with the deceased. On 27.07.2020, at 8.30

p.m. the deceased Basavaraj asked Mallikarjun to give

old record of rights of their land stating that he has to

receive money from society. For that, the petitioner

accused abused him in filthy language and went inside

the house and brought a sickle and assaulted the

deceased Basavaraj. At that time, the complainant

tried to rescue Basavaraj and petitioner accused

assaulted the complainant on her left elbow and

attempted to commit the murder. At that time,

Basavaraj

tried

to

rescue

but

again

petitioner

assaulted Basavaraj on his back and right shoulder

and ran away from the spot. The people gathered at

the spot and they secured ambulance and admitted

the deceased to District Hostpital Belagavi and from

there he was shifted to KLE Hospital and thereafter to

KIMS Hubballi. The deceased died on 28.07.2020 at

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8.45 a.m. The Investigating Officer arrested the

petitioner on 29.07.2020. The petitioner has filed

Crl.Misc.No.132/2021 seeking bail and the same came

to be rejected by the X Addl. District & Sessions

Judge,

Belagavi

by

order

dated

10.02.2021.

Therefore, the petitioner is before this Court seeking

bail.

3.

Heard the learned counsel appearing for

the petitioner and the learned High Court Government

Pleader for the respondent-State.

4.

It is the submission of the learned counsel

for the petitioner that the injury sustained by the

deceased on his back of left chest and right shoulder.

The said injury was caused when there was a quarrel

between the petitioner accused and deceased. At that

time, the petitioner accused went inside the house

and brought a sickle and assaulted the deceased.

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Therefore, there is no intention or preparation to

commit the murder of the deceased. It is his further

submission that when the deceased was under

treatment in KIMS Hubballi, the doctors advised an

injection and blood requirement and the relative of the

deceased have not arranged the same and therefore

the death is occurred because of not furnishing the

required blood and injection. It is his further

submission tha