IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3603 OF 2019 BETWEEN:
Basavaraja K., Aged about 42 years, S/o Kariyaiah, R/o Chowthi Village, Kasaba Hobli, Periyapatna Taluk, Mysuru District – 571 107. …Petitioner (By Sri P.Nataraju, Advocate) AND:
State of Karnataka, By Periyapatna Police Station, Mysuru District.
Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. …Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.5/2019 of Periyapatna P.S., Mysore For the offence P/U/S 498A, 302 of IPC and Section 3 and 4 of D.P. Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is the sole accused in crime No.5/2019 of Periyapatna Police Station for the offences punishable under Sections 498A and 302 of IPC and Sections 3 and 4 of Dowry Prohibition Act. The charge sheet papers reveal that the petitioner and the deceased Mamatha married each other on 18.6.2007 at Somwarpet Taluk, Kodagu District. The petitioner- accused was actually vagabond not doing any work. Though gold ornaments were given at the time of marriage, the petitioner-accused was demanding his wife deceased Mamatha to bring more money from her parental house. He was also suspecting her fidelity. In this context, it is alleged that in the year 2012, he also ill-treated the deceased Mamatha and lit fire to her. But she recovered from the said incident. Again on 7.1.2019, in the afternoon at about 3.30 p.m., the petitioner-accused and the deceased were in the house and he saw some money in the purse of the deceased. In that context, he started quarrelling with her and assaulted her with club and thereafter, hanged her with a plastic rope. The post mortem report also shows that the deceased had sustained fracture to her head and death was due to asphyxia as a result of hanging.
3. Looking to the above said facts and circumstances of the case, when it is shown to the Court that the accused and deceased were living together as husband and wife, it is for the accused to explain as to how the incident had happened. No such material is available at this stage and the same has to be established during the full dressed trial.
4. Considering the nature of allegations, in my opinion, the prosecution has made out a prima facie case against the petitioner. Hence, the petitioner is not entitled to be enlarged on bail at this stage. Therefore, the criminal petition is liable to dismissed and accordingly, it is dismissed. Since the petitioner-accused is in custody, the trial Court is directed to expedite the trial and dispose of the case as expeditiously as possible.
Sd/-
JUDGE Cs CT:SN