Karnataka High Court

CRL.P/8974/2017 of SATHISHA Vs STATE OF KARNATAKA on 28 December 2017

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.8974/2017 BETWEEN: SATHISHA S/O LATE RAJEGOWDA AGED ABOUT 33 YEARS R/O MADENURU SARAPURA VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK HASSAN

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 28[TH]DAY OF DECEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

CRIMINAL PETITION NO.8974/2017

BETWEEN:

SATHISHA|0/O LATE RAJEGOWDAAGKD ABOUT 33 YBARSR/O MADENURU SARAPURA VILLAGESHANTHIGRAMA HOBLIHASSAN TALUKHASSAN DISTRICT — 573 201.

... PETITIONER|

(BY SRI CHETHAN B., ADV.)

AND:

STATE OF KARNATAKASHANTHIGRAMA POLICE STATIONHASSAN DISTRICT — 573 20]REP. BY STATE PUBLIC PROSECUTORHIGH COURT OF KARNATAKABBNGALURU — 560 OO1.

~ .. RESPONDENT

(BY SRI K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION439 OF CR.P.C. PRAYING TO BNLARGE THR PETITIONER|ON BAIL IN CRIME NO.130/2017 OF SHANTHIGRAMA|POLICE STATION, HASSAN DISTRICT FOR THE OFFENCES|P/U/Ss. 302 AND 201 OF IPC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,THERE COURT MADE THE FOLLOWING

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ORDER

This petition is filed by the petitioner/accusedunder Section 439 Cr.P.C. seeking his release on bail inCrime No.130/2017 for the offences punishable undersections 302 and 201 of IPC registered by therespondent — police.

|One Rajegowda and the petitioner aresaid to be the father and son. The petitioner is agedabout 33 years and son of Rajegowda through hissecond wile. It is stated in the complaint that on19.9.2017 in the morning the complainant got a calland later the complainant along with her son andrelatives came near Madinur Sarapura marketesround and tound that Rajegowda had fallen inbush and found dead.

3There might be a property dispute andsomeone has killed Rajegowda and thrown him inthe bushes.On the basis of the said complaint, case|came to be registered against unknown persons for theoffences under Sections 302 and 201 of IPC. Later, the |complainant revealed the name of the petitioner duringinvestigation and he is implicated as accused in thisCase.

4Heard the learned Counsel for the petitionerand the learned High Court Government Pleader for therespondent — State.

5 |The petitioner is in judicial custody since 26.9.2017. Now the investigation is completed andcharge sheet is also filed. Considering that theTIAINotthepetitioner 1S|revealed.duringinvestigation and stay of the petitioner in judicial custody, it is just and proper to enlarge thepetitioner on bail.petitioner on bail.

6. Accordingly,|the petition1S|allowed. —Petitioner is ordered to be released on bail in Crime(No.130/2017forthe.offencespunishableundersections 302 and 201 of IPC registered by therespondent — police, subject to the following conditions:- —

1) |The petitioner shall execute a personal bondfor Rs.1,00,000/- (Rupees One Lakh only)withaasuretyowningandpossessing|immovable properties for the likesum.

The petitioner shall not terrorize or tamper|the prosecution witnesses in any manner. the prosecution witnesses in any manner.

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The petitioner shall not leave the Karnataka|border without prior permission of the trialCourt.border without prior permission of the trialCourt.

+?#The petitioner shall mark his attendance|before the Investigating Officer on every firstsaturday of each month between 9.00 and ��

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