IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7121 OF 2019 Between:
M.S. Raveesha @ Ravi S/o Sannakamaiah Aged about 26 years R/at Marulappanahally Village Kallambella Hobli Sira Taluk Tumakuru District - 572 101 Now residing at 4th Cross, Chickpete Tumakuru Town – 572 101 (By Shri Lakshmikanth K., Advocate for Sri. Narasegowda K., Advocate) And:
State of Karnataka By Kallambella Police Station Represented by Public Prosecutor High Court of Karnataka Building Bengaluru – 560 001 (By Shri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.71 of 2019 (S.C. No.91 of 2019) of Kallambella Police Station, Tumakuru for the offence punishable under Sections 302, 201, 498A read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition 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 HCGP for respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.4 in the charge sheet filed by the Police i.e in Crime NO.71/2019 of Respondent – Kallambella Police Station, Tumakuru District, which culminated in SC.NO. 91/2019 for the offences punishable under sections 302, 201, 498A of IPC, now pending on the file II Addl. District and Sessions Judge at Tumakuru.
3. The brief facts of the case are that accused No.1 is no other than the brother of the petitioner. A lady by name Devika was given in marriage to accused No.1. The accused No.1 was reluctant to marry Devika because, he was loving one Lavanya. It is alleged that at the time of marriage, one gold ring and one neckchain were given to accused No.1 in consideration of the marriage. Thereafter, also accused No.1 continued loving the said Lavanya and he was forcing his wife-Devika to give her consent for divorce, so that he can marry Lavanya. In this context, it appears, accused No.1 developed hatred against his wife Devika and planned to eliminate her from the universe. It is alleged that on 06th April, 2019, accused No.1 along with the deceased and their four year old son-Chetan went to Mooganahalli to perform pooja and while coming back the vehicle was stopped near Kempanahalli village near the land belonging to one Susheelamma; and at that time the brother of this petitioner covering his face with kerchief came near the van and splashed chilly-powder on the face of the deceased, accused No.1 caught hold of her head and accused No.2 slit the neck of the deceased and snatched mangalya chain and also the chain of accused No.1 in order to create the story that some other person, like some thief has committed the said offence.
3. During the course of investigation, the police have recorded the statement of the four year old child Chetan-the son of the deceased and accused No.1, who has stated that at the time of incident accused No.1 caught hold the head of the deceased and some other person came there and splashed chilly-powder and slit the neck of his mother. During the course of investigation, the police have also collected fingerprints of accused No.1, accused No.4 and also the deceased which were found on the spot and they tallied with the fingerprints of the accused that were lifted from the spot. There is recovery of a knife.
Looking to the above said facts of the case, the circumstances are strong enough, at this stage, that makes the petitioner disentitle for grant of bail. Hence except stating the factual aspects and without expressing any opinion merits of the case and the petition deserves to the dismissed. Accordingly it is dismissed.
Sd/- JUDGE lnn