IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1572/2019 BETWEEN:
Basavaraja S/o Thimmeshi, Aged about 26 years, Occupation: Coolie, R/o 4th Main, Shanthinagar, Davangere-577 001. ...Petitioner (By Sri A. Hanumanthappa, Advocate) AND:
The State of Karnataka Through the Station House Officer, Vidhyanagar Police Station, Davanagere.
Rept. by State Public Prosecutor, Advocate General Office, High Court Building, Bengaluru-560 001. ... Respondent (By Sri. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.13/2019 of Vidyanagar Police Station, Davanagere District for the offence punishable under Section 302 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 439 of Cr.P.C. praying this Court to release him on bail in Crime No.13/2019 of Vidyanagar Police Station, Davanagere for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. One Sagar, a member of Karnataka State Brastachara Nirmoolana Vedike, filed a complaint alleging that the deceased-Gangamma told him that her husband and son used to quarrel with her daily and on 25.12.2018, the complainant heard quarrel in between 10:30 p.m., to 11:00 p.m., on the next day at about 1:30 p.m., he heard about the death of Gangamma. He was having suspicion about the son of Gangamma. Accordingly, UDR case was registered and during the course of investigation, some material was collected against the petitioner-accused and later, he was apprehended.
4. It is the submission of learned counsel for the petitioner that there are no eye witnesses to the alleged incident, the entire case rests on circumstantial evidence. Though the family members were present in the house, they have not filed any complaint. It is further submitted that the deceased was alcoholic and due to the said reason, she died due to cardiac arrest. It is further submitted that the petitioner-accused was neither having intention nor motive to commit the alleged offence. He further submitted that the petitioner-accused is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the complaint itself goes to show that the husband and son of the deceased used to quarrel with her and on the alleged date of the incident, during night hours in between 10:30 to 11:00, the complainant heard quarrel and on the next date, he came to know about the death of the deceased-Gangamma. He further submitted that the Post Mortem of the deceased was conducted and the injuries were noticed and even the Doctor has opined that ‘the deceased died due to combined of haemorrhagic shock and cardiorespiratory failure consequent upon blunt abdominal traumatic injuries sustained to head, chest and abdomen’. He further submitted that there is a prima facie material as against the petitioner-accused for having involved in the alleged crime. He further stated that investigation is still in progress, if the petitioner is enlarged on bail, he may tamper with the prosecution evidence. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition and the submissions made by learned counsel for both the parties.
7. On close reading of the Post Mortem Report clearly reveal that ‘the deceased died due to combined of haemorrhagic shock and cardiorespiratory failure consequent upon blunt abdominal traumatic injuries sustained to head, chest and abdomen’. It is the specific contention of the learned counsel for the petitioner that the deceased died due to cardiac arrest, but the opinion given and the submissions made are contrary to each other. The deceased-Gangamma died in the house of the petitioner, the Post Mortem Report is also available and the Doctor has also opined regarding the injuries sustained by the deceased. Under such circumstances, it creates doubt on the case of accused. Still the investigation is in progress and full material is also not available before the Court to exercise power under Section 439 of Cr.P.C to release the petitioner-accused on bail.
Accordingly, criminal petition is dismissed.
However, petitioner-accused is at liberty to apply for regular bail before the Court below after the charge sheet is filed.
Sd/- JUDGE RB