IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3445 OF 2019 BETWEEN:
Girisha S/o Govindappa, Aged about 35 years, Residing at No.160, 4th Cross, Indiranagar, West of Chord Road, Rajajinagar, Bengaluru-560 018.
...Petitioner (By Sri. Mohan Kumar D, Advocate for Sri. M. Krishne Gowda, Advocate) AND:
State of Karnataka State by Byatarayanapura P.S., Represented by High Court Government Pleader, High Court of Karnataka, Bengaluru-560 001.
(By Sri. M. Divakar Maddur, HCGP) ...Respondent This Criminal petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.132/2017 (S.C.No.1322/2017) of Byatarayanapura Police Station, Bengaluru City for the offence punishable under Section 302, 307 of IPC.
This Criminal appeal coming on for Orders, this day, the Court made the following:
ORDER Heard learned counsel for the petitioner-accused and learned High Court Government pleader for respondent-State.
2. This petition has been filed by petitioner- accused under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.132/2017 (S.C.No.132/2017) of Byatarayanapura Police Station, for offence punishable under Section 302, 307 of IPC.
3. The gist of the complaint is that on 11.04.2017 at about 2.30 p.m, complainant came to the house of the deceased and complainant was feeding her baby, immediately she heard the screaming voice, when the victim shouted for help, the complainant went out and saw that the petitioner stabbed the deceased on her left hand and left leg, when the victim tried to stop him, he stabbed her to stomach and she was also got injured, subsequently, the deceased died in the hospital. On the basis of the complaint, the case has been registered.
4. It is the submission of the learned counsel for petitioner-accused that earlier the petitioner-accused has approached this Court in Crl.P.No.5553/2018. but the said petition was not represented by the accused and this Court disposed the case on merits. Subsequent another petition was also filed and it was also withdrawn. It is his further submission that since 2017, the accused-petitioner is in custody and no progress has been made. It is his further submission that accused-petitioner is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prays 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 complainant is non-other than injured eye witness and she was also present and she has categorically stated the overt acts of accused. It is further submitted that earlier the accused use to love the deceased and when the deceased was washing clothes, at that time, he went and assaulted on her stomach, leg and other parts of the body and as a result of the same, she died. The alleged offence is punishable with death or imprisonment for life. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the said submissions and perused the records.
7. On close reading of the charge sheet material and other relevant records, it indicates that accused fell in love with deceased and he insisted to marry her and when the deceased refused to marry him he stabbed on her abdomen and other parts of the body and as a result of the same she succumbed to the injuries. The CW-2 is the injured eye witness who has also supported the case of the prosecution. Mere because the accused is in custody since 2017, is not a ground to release the accused on bail. There are no good grounds to allow the petition and to release the petitioner-accused on bail.
Accordingly, petition is dismissed and trial Court is directed to expedite the trial.
Sd/- JUDGE ag