LAWS(KAR)-2023-5-44

REKHA Vs. STATE OF KARNATAKA

Decided On May 25, 2023
REKHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The present petition is filed under Sec. 439(2) of Cr.P.C. with the following prayer :- "To set aside order dtd. 21/10/2022 in SC No.70/2022 passed by the III Addl. District and Sessions Judge, Dharwad by canceling the regular bail application filed by the respondent no.2 and 3/accused no. 1 and 2 or accused no. 1 and 2 for the alleged offences punishable under Sec. 120(b) 302, 109, 114, 341 r/w Sec. 34 of IPC arising out of Dharwad Rural P.S.Crime no. 89/2022 pending on the file of III Addl.District and Sessions and Judge, Dharwad in the above case ."

(2.) Heard Sri S.B.Doddagoudar, learned counsel for the petitioner and Sri Prashant S.Kadadevar, learned counsel for respondent No.2 and 3.

(3.) After hearing the matter for considerable length of time, affidavit of Sri Suresh Vasappa Deshad and Sri Kallappa Vasappa Deshad who are respondent No.2 and 3 in the petition have filed separate affidavits undertaking that they have not threatened the prosecution witnesses nor going to threaten the prosecution witnesses in future. Both of them are present before the Court, assured the Court that they would not in any manner tamper the prosecution witnesses. Satisfied with the contents of the affidavit as such, all apprehensions of the petitioner stands quelled.