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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 26^th DAY OF AUGUST 2020

BEFORE

THE HON9BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION No.100670/2020

BETWEEN:

1.

SIDDARAMAYYA S/O SHRISHAIL GANACHARI

AGE: 29 YEARS, OCC: AGRICULTURE,

2.

AKASH S/O SAHADEV BIDARI @ HARIJAN

AGE: 26 YEARS, OCC: AGRICULTURE,

BOTH ARE R/O: BIDARI VILLAGE,

TQ: JAMAKHANDI, DIST: BAGALKOT-583201.

... PETITIONERS

(BY SRI. K.S. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH THE SAVALGI POLICE STATION,

SAVALGI, TQ: JAMAKHANDI,

DIST: BAGALKOT-583201,

REPRESENTED BY THE SPP,

HIGH COURT OF KARNATAKA,

DHARWAD-580001.

... RESPONDENT

(BY SRI. RAMESH B. CHIGARI, HCGP)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 439 OF CR.P.C., PRAYING TO RELEASE THE

PETITIONER ON REGULAR BAIL IN CRIME NO.73/2019

SAVALGI POLICE STATION S.C. 126/2019 CHARGE

SHEETED

FOR

THE

OFFENCE

PUNISHABLE

UNDER

2

SECTION 302 OF IPC ON THE FILE OF I ADDITIONAL

DISTRICT AND SESSIONS JUDGE, BAGALKOT, TO SIT

AT JAMAKHANDI.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by accused Nos.1 and 2 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.73/2019 of Savalgi Police

Station for an offence punishable under Section 302 of

The Indian Penal Code (hereinafter referred to as the

8IPC9, for brevity).

2.

The case of the prosecution in brief is that

on 09.07.2019 at about 10.00 am, the complainant one

Smt. Suvarna wife of Mallikarjunayya Swatantramatha,

has filed a complaint before the respondent-police. She

has alleged in the complaint that she is residing with

her husband at Jamkhandi and her husband has own

house at Bidri village and also owns property which is

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given for cultivation to one Mahavir Gubchi. On

08.07.2019 at about 9.00 am, her husband went to

Bidri village and did not return. On the next day, at

about 7.30 am the said Mahavir informed over phone

that her husband was murdered in Mallikarjun temple.

She and her children and other relatives rushed to the

spot and found the dead body lying in the temple with

pool of blood. Observing the same, she has stated that

somebody has murdered her husband by assaulting

with an object on his head between 9.00 pm on

08.07.2019 to 5.00 am on 09.07.2019. On the basis of

the complaint, a case was registered for the offence

punishable under Section 302 of IPC against unknown

persons. During the course of investigation, accused

Nos.1 and 2 were arrested and the police after

investigation, filed charge sheet. The petitioners on an

earlier occasion had approached this court in Criminal

Petition No.102140/2019 seeking bail and the same

came to be rejected on 02.12.2019. The petitioners

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again filed bail application in Crl.Misc.No.83/2020

before the trial Court and on hearing the case, the said

bail application of the petitioners came to be dismissed

by order dated 27.05.2020. Therefore, the petitioners

are before this Court seeking bail.

3.

During the course of arguments, learned

counsel for the petitioners submitted that he intends to

withdraw the petition with respect to petitioner

No.2/accused No.2.

4.

In view of the said submission, the petition

by petitioner No.2/accused No.2 is dismissed as not

pressed.

5.

Heard the learned counsel appearing for

petitioner No.1/accused No.1 and the learned High

Court Government Pleader for the respondent-State.

6.

Learned counsel for petitioner No.1 has

submitted that the father of petitoner No.1 is suffering

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from 4^th stage of lung cancer and petitioner No.1 is the

only son who has to look after him. In support of his

contention, he placed reliance on the documents

produced with the memo dated 24.08.2020 i.e. final

Cheomotheraphy

Discharge

Summary

and

other

documents. It is his further su