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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 3^rd DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.102240/2021

BETWEEN:

MARISWAMY A S/O AMBI A

AGE. 34 YEARS,

OCC. SECURITY GUARD

R/O. BEHIND CANARA BANK,

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

ENLARGE THE PETITIONER/ACCUSED NO 2 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, IN THE INTEREST OF JUSTICE.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

Accused No.2 has filed this petition 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 and 34 of The Indian Penal

Code (hereinafter referred to as the ‘IPC’, for

brevity).

2.

The case of the prosecution is that,

one Muniyamma had filed a complaint against

the accused No.1 stating that on 07.02.2021 at

3.00 pm her son-in-law Srinivas informed her

that the accused No.1-Chinnappa was about to

assault him. After coming to know that the

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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 there 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 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,

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307 and 201 of IPC. After investigation,

charge-sheet has been filed against accused

No.1

and

two

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.

3.

Heard the arguments of the learned

counsel appearing for the petitioner and the

learned High Court Government Pleader for the

respondent-State.

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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 had occurred on

07.02.2021

and

the

statement

of

the

eyewitnesses were recorded on 09.02.2021 and

there is delay in recording the statement

which goes to show that there is no motive for

the petitioner/accused No.2 to commit the

offence. It is his further submission that the

accusation against the petitioner/accused No.2

is that he along with accused No.3 assaulted

with stone to CW-5. It is his further submission

that CW-5 has been discharged from the

hospital on the next day. As charge-sheet i