The High Court rejected the bail petition of the accused, who was alleged to have set his niece ablaze, agreeing with the lower court's reasoning that no ground was made out for bail.
Bail petition rejected.
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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA
DATED THIS THE 5TH DAY OF FEBRUARY, 2013
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.15024/2013
BETWEEN :
Sri Beerappa S/o Malappa Balichakra, Age: 52 Years, Occ: Agriculture, R/o: Koliwada Area, Yadgir. … PETITIONER
(By Shri. Chaitanya Kumar Chandriki, Advocate)
AND:
The State Through Yadgir Town Police Station.
… RESPONDENT
(By Shri S.S.Aspalli, Government Pleader )
This Criminal Petition is filed under Section 439 of Criminal Procedure Code by the advocate for the petitioner praying that this Court to enlarge the accused petitioner on bail, in Crime No.123/2012 of Yadgir Town police station, which is registered for the offences punishable under Sections 448, 504, 307 of Indian Penal Code.
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This petition coming on for Orders this day, the Court made the following:
O R D E R
The petitioner is said to be the uncle of one Shivamma.
There was a dispute between Shivamma and Marilingamma, the aunt of the Shivamma, regarding landed property.
Thereafter, the petitioner has been arrested and chargesheeted on the accusation. The petitioner having
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approached the court below for grant of bail, the same has been rejected.
Having regard to the prima facie case made out against the petitioner and the certain involvement of the petitioner in the crime, on the basis of the statements made by the deceased and therefore the court below having rejected the bail petition, has not committed any error. The reasoning of the court below is sound. There is no ground made out for grant of bail, as this court fully agrees with the reasoning of the court below. The bail petition is rejected.
Sd/JUDGE
msr
2 issues framed by the court
Whether the bail petition filed by the accused under Section 439 CrPC should be allowed given the prima facie case and the petitioner's involvement in the crime.
Whether the High Court should interfere with the order of the court below rejecting the bail petition.
1 provisions across 1 enactments
Beerappa S/o Malappa Balichakra
The State
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
