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.1891 OF 2019 BETWEEN:
Gajendra @ Gajendra Babu, S/o Bojili Naidu, Aged about 37 years, R/at Ananthapuram Villa, N.R.Pet Post, Chittor Taluk, Andhra Pradesh. …Petitioner (By Sri Vishalaxa Kadiwal, Advocate) AND:
State of Karnataka, By SHO, Channammana Kere Achukattu P.S., Bangalore City.
Represented by Government Pleader, High Court Building, Bangalore – 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.162/2018 of Channammanakere Achu Kattu Police Station, Bengaluru City For the offence P/U/S 498A, 342, 302, 326 of IPC.
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 respondent police have laid charge sheet against the petitioner for the offences under Sections 302, 498A, 342, 326 of IPC in C.C No.17771/2018.
Subsequently, after committal proceedings, a case has been registered in S.C. No.1301/2018 pending on the file of the LXXI Additional City Civil and Sessions Judge (CCH-72) Bangaluru.
3. Brief facts of the case are that a lady by name Vanishri was given in marriage to the petitioner- accused, who married her without intimation to other relatives. The said Vanishri became pregnant. But, later, they came to know that prior to this marriage, the petitioner was married with a lady by name Sindhu. The petitioner and the deceased Vanishri were started residing together at N.R. Pet, Chittoor. Differences arose between the husband and the wife. In that connection, the deceased once made an attempt to commit suicide by consuming the sleeping tablets. Afterwards, the petitioner went out of the house without informing anybody. Again on 23.4.2018, in the early hours of the day, the deceased Vanishri telephoned her sister Poojashri stating that the petitioner came to her house and tapped the door and she was scared of the petitioner. Immediately, the complainant told her son Vinod Kumar to go to the house of the deceased and thereafter, the complainant and her husband also went to the house of the deceased. The door was closed and there was the voice of the petitioner-accused from inside but they did not hear the voice of the deceased. They also informed the police in this regard. The police came to the spot and asked the petitioner-accused to open the door. Thereafter, he opened the door. The witnesses and police found the dead body of the deceased inside the house. The dead body was sent to post mortem examination. The post mortem report reveals that the death of the deceased was due to asphyxia smothering. The accused has not given explanation with regard to the death of the deceased. Under the above said facts and circumstances of the case, it indicates that the deceased and petitioner-accused were together at the time of the death of the deceased. The petitioner- accused, i.e., husband of the deceased, has to explain as to how the death had taken place. Under the above said facts and circumstances of the case, there are strong circumstances running against the petitioner disentitling him for the grant of bail.
4. Therefore, the petition is dismissed. However, the learned Counsel submitted that the petitioner has been in judicial custody for more than 1½ years. In the circumstances, the trial Court is hereby directed to expedite the trial itself and dispose of the same as expeditiously as possible.
Sd/- JUDGE Cs CT:SN