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2017 DIGILAW 1319 (KAR)

Mallikarjuna S/o. Shivanna v. State of Karnataka, By Honnavalli Police Station

2017-09-18

RATHNAKALA

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ORDER : The petitioner is charge-sheeted by the respondent-police in respect of the offences punishable under Sections 302, 201 and 506 of IPC. 2. The allegation is, the petitioner/accused suspected that his wife and deceased Thippesha had illicit relation between them and decided to finish him off. On the night of 10.11.2016, he went to a marriage. During night hours, he took deceased Thippesha with him behind the choultry, picked up quarrel and assaulted him with a stone to death. Later he burned his blood stained clothes and confessed the above facts with his friend CW8 Mahesha, who had accompanied him to the marriage as a pillion rider on his motor bike. He had put threat to the life of CW8 Mahesha, if he ever discloses the matter to anyone. 3. There are no direct eye witnesses to the incident. CWs2 to 8 have seen the deceased and the petitioner leaving choultry hall together during night time. The petitioner was arrested on 24.11.2016. The statement of CW8 was recorded on 28.11.2016, he has stated that immediately after the incident, he saw that hands and clothes of the petitioner were blood stained. When enquired about it, the petitioner took him on his motor bike for some time and thereafter, confessed that he had murdered Thippesha by assaulting him with a stone, since deceased had illicit relationship with his wife. Thereafter, near Haalkurke he had burnt his lugni, shirt and chappal. 4. The name of the petitioner was not reflected in the FIR and inquest mahazar. The veracity of the evidence of CW8 is yet to be verified during trial. The petitioner is not shown to have criminal records. In the said circumstance, it is not required to continue him in judicial custody till conclusion of trial. 5. Accordingly, the petition is allowed. The petitioner is enlarged on bail in respect of Crime No.110/2016 registered by respondent-police, subject to the following conditions: 1. He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one local surety for the like sum, to the satisfaction of the concerned Court. 2. He shall attend the Court regularly on all hearing dates. 3. He shall not terrorize or threaten the prosecution witnesses.