IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3126/2019 BETWEEN G.A. POONACHA S/O G.K. APPANNA AGED ABOUT 66 YEARS EX-SERVICEMEN R/O NEAR VARTHA BHAVAN STUART HILL MADIKERI TOWN AND POST MADIKERI TALUK KODAGU DISTRICT – 571 201 ... PETITIONER (BY SRI. DINESH KUMAR RAO, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE) AND THE STATE OF KARNATAKA BY KODAGU WOMEN POLICE STATION MADIKERI SUB-DIVISION KODAGU DISTRICT – 571 201 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU – 560 001) …. RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP-I) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.16/2018 OF KODAGU WOMEN P.S., KODAGU DISTRICT FOR THE OFFENCE P/U/S 498A, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. It is the case of the prosecution as per the charge sheet that, the petitioner had married the deceased by name Jayaleela on 23.02.2015 and thereafter they lived happily for some time. Afterwards, it is alleged that, some differences arose between the husband and wife and the petitioner was addicted to alcohol and he used to ill-treat and harass the deceased. In that context, it is alleged that, on 18.12.2018 in the afternoon at about 2.30 hours, the accused started quarrelling with the deceased and assaulted her with his hands and kicked her etc. and also assaulted her with an iron-pipe on hind portion of her head, which resulted in the death of the deceased. The Post-mortem Examination Report also reveal that the death of the deceased was due to cumulative effect of multiple injuries sustained by the deceased.
3. In the above context, there are material evidence available on record to show that the accused and the deceased were residing together in the same house where the death of the deceased has occurred. Therefore, it is the accused, who has to explain as to what exactly happened on the date of incident in question. As of now, there are sufficient material to show that the accused was the only person, who was present in the house and the injured person (the deceased) was found in the house of the accused and later she succumbed to the injuries sustained by her.
4. In the above said circumstances, I am of the opinion that, the prosecution has made-out a strong prima-facie case against the petitioner/accused, which disentitles him for bail. Hence, the petition is liable to be dismissed and accordingly, it is dismissed.
Though, the learned counsel for the petitioner submitted that, the petitioner is under ailment and he is suffering from various diseases, therefore, on that ground, petitioner may be granted the relief of bail, at this stage, on the said ground, it is not proper to release the petitioner on bail. However, the petitioner is at liberty to file appropriate petition for grant of bail on medical grounds before the trial Court, if advised.
KGR* Sd/- JUDGE