1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 28^th DAY OF OCTOBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101953/2021

BETWEEN:

CHINNAPPA S/O. MANI

AGE 32 YEARS, OCC LABORER,

R/O. KADDIRAMPURA VILLAGE

HOSAPETE TALUK BALLARI DIST-583239

...PETITIONER

(BY SRI. B. ANWAR BASHA, ADVOCATE)

AND:

THE STATE OF KARNATAKA

(THROUGH HAMPI TOURISM

POLICE STATION),

REPRESENTED BY STATE

PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA

DHARWAD-580001.

... RESPONDENT

(BY SRI. RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., SEEKING TO ALLOW THIS PETITION AND

2

ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN

CRIME NO.09/2021 REGISTERED IN HAMPI TOURISM

POLICE STATiON) FOR THE OFFENCES U/S 302, 307,

323, 326, 504, 341, 34 OF IPC, PENDING TRIAL OF

THE CASE.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by accused No.1

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.9/2021 of Hampi Tourism Police Station,

registered for the offences punishable under

Sections 302, 307, 323, 326, 504, 341, 34 of

of The Indian Penal Code (hereinafter referred

to as the ‘IPC’, for brevity).

3

2.

The case of the prosecution is that

one Muniyamma had filed a complaint against

the petitioner/accused No.1 stating that on

07.02.2021 at 3.00 pm her son-in-law Srinivas

informed her that the petitioner/accused No.1-

Chinnappa was about to assault him. After

coming to know that the deceased Srinivas fell

down along with the motorcycle at 5.30 pm by

the side of Danapura road in the land of

Hanumanthappa, the complainant and others

went their and found the said Srinivas, who

had already sustained injuries on his head and

his motorcycle was damaged and he was

shifted to the Government Hospital, Hosapete.

At a distance of 200 meters from the said

place, on the road leading to forest, Murugan

was also found with injuries and the said

Murugan was not in a position to speak and the

4

motorcycle of the said Srinivas was also there.

The

said

Murugan

was

shifted

to

the

Government Hospital, Hosapete. The Doctor,

who examined Srinivas informed that he is

dead. The said complaint came to be registered

in Crime No.9/2021 for the offences punishable

under Sections 302, 307 and 201 of IPC. After

investigation,

charge-sheet

has

been

filed

against the petitioner/accused No.1 and 2

others for offences under Sections 323, 326,

504, 341, 302, 307, 34 of IPC. The petitioner,

who was arrested on 13.02.2021, has filed

Criminal Miscellaneous No.5337/2021 seeking

bail and the same came to be rejected by the

learned III Additional District and Sessions

Judge, Ballari, sitting at Hosapete by order

dated 23.08.2021. Therefore, the petitioner is

before this Court seeking bail.

5

3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

4.

It would be the contention of the

learned counsel for the petitioner that the

petitioner is innocent, has not committed any

offence as alleged and he has been falsely

implicated in the case. It is his further

submission that the incident has occurred on

07.02.2021 and the statement of eyewitnesses

were recorded on 09.02.2021 and there is a

delay in recording statement which goes to

show

that

there

is

no

motive

for

the

petitioner/accused No.1 to commit murder of

the deceased. It is his further submission that

charge

sheet

is

filed

and

therefore,

the

petitioner is not required for any custodial

6

interrogation. With this, he prayed for allowing

the petition.

5.

Per

contra,

learned

High

Court

Government Pleader has contended that t