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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101143 OF 2021

BETWEEN

HANAMANT S/O.NAGAPPA GANIGER

AGE. 40 YEARS, OCC. AGRICULTURE,

R/O.HANGARAGI

TQ. BADAMI, DIST. BAGALKOT

...PETITIONER

(BY SRI.P N HOSAMANE, ADV.)

AND

THE STATE OF KARNATAKA

BY PSI KERUR POLICE STATION

REPRESENTED BY SPP

HIGH COURT OF KARNATAKA BENCH

DHARWAD-580008

…RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,

PRAYING TO RELEASE THE PETITIONER I.E., ACCUSED NO.2 ON

BAIL IN KERUR P.S. CR.NO.01/2021 FOR THE OFFENCES

PUNISHABLE UNDER SECTION 302 R/W 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

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ORDER

This petition is filed by petitioner/accused No.2

under Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the ‘Cr.P.C.’, for

brevity) seeking bail in Crime No.01/2021 of Kerur

Police Station for the offences punishable under

Section 302 R/W Section 34 of The Indian Penal Code

(hereinafter referred to as the ‘IPC’, for brevity).

2.

The case of the prosecution is that one

Manjula

W/o

Holiyappa

Ganiger

filed

complaint

alleging that she is residing with her husband and two

sons at Hangaragi village. Her husband was doing

agriculture and they are having a land adjoining to the

land of Fakirappa Ugalaat towards Katageri cross and

there is a room constructed to keep agricultural

equipments. On 31.12.2020 the relatives of the

complainant i.e. accused No.1 and the present

petitioner/accused No.2 came to the house and called

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the complainant’s husband for New Year party.

Complainant’s husband told them that they would

cook food in his garden land and made preparation,

took food carrier and all the three left towards the

land at 10 p.m. At 12.30 Holiyappa called his sister

Mallamma on her mobile and he told her that he will

sleep at garden house. On 01.01.2021 morning 7

a.m. complainant called husband’s mobile and it was

not reachable. Complainant sent her son to the

garden land and he returned home crying and told

that garden house was closed outside when he opened

the door, found his father was dead with injuries over

his head and hand. The complainant Mallamma and

relative Ishwarappa Ganigar reached the land, found

her husband had died with injuries over his throat,

hand and head. The accused No.1 and the accused

No.2 have committed the murder with some intention

assaulted with water sprinkler T. The incident might

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have occurred in between 12.30 am to 7.30 a.m. on

01.01.2021. The said complaint came to be

registered in Crime No.01/2021 of Kerur Police Station

for the offence punishable under Section 302 R/w 34

of IPC. The petitioner and accused No.1 came to be

arrested on 01.01.2021. Charge sheet has been filed

against accused Nos.1 and 2 for the offence

punishable under Section 302 r/w Section 34 of IPC.

Petitioner/accused No.2 filed Crl.Misc.No.190/2021

seeking bail and the same came to be rejected by II

Addl. District and Sessions Judge, Bagalkot by order

dated 02/06/2021. Therefore, petitioner/accused

No.2 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.

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4.

It is the contention of the learned counsel

for the petitioner/accused No.2 that petitioner is

innocent, he has not committed any offence as alleged

against him and he has been falsely implicated in the

case. The petitioner and other accused came to be

implicated only on the basis of their voluntary

statement. There are no eye witnesses to the incident

and the case of the prosecution is based on

circumstantial evidence. The circumstance stated in

the charge sheet has to be proved by prosecution

bey