IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6820 OF 2017 BETWEEN:-
MUTAPPA BASAPPA SAVADI S/O BASAPPA SAVADI, AGED ABOUT 36 YEARS R/AT SIDDAPURA VILLAGE, YAMALAPURA POST, RAYABAG TALUK BELAGAVI DISTRICT-590001. ... PETITIONER (By Sri: MOHANKUMARA D, ADVOCATE) AND:
STATE BY UPPARAPETE YARD POLICE STATION BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -01.
(By Sri:K. NAGESHWARAPPA, HCGP) ... RESPONDENT THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.964/2016 PENDING ON THE FILE OF LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND CRIME NO.146/2016 OF UPPARPET POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 302 OF IPC. THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU HAS REJECTED THE BAIL APPLICATION ON 24.6.2017 IN S.C.NO.964/2016.
THIS CRL.P 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 the respondent. Learned HCGP has not filed any statement of objections opposing the petition.
2. A charge sheet has already been filed against the petitioner alleging that he murdered his wife by dropping a Kadapa Stone used for making chapattis. The learned counsel submits that the petitioner himself informed the incident to the neighbourers-CW-2, CW-3 and other witnesses. When the petitioner and the deceased alongwith their child, aged about six years were sleeping in the store room, the stone fell on her forehead, as a result of which, she died.
3. On going through the records, it is seen that on the night of the incident, the accused and the deceased were sleeping in the store room along with their minor child. The cause of death is certified as ‘due to a crush injury on the forehead’. At this juncture, I do not find any material to accept the contention of the petitioner that the deceased sustained the said injury on account of accidental fall of Kadapa stone. Moreover, the prosecution has also relied on the extra judicial confession said to have been made by the accused to one Shankarappa. Under the said circumstances, if the accused is enlarged on bail, the possibility of the witness being threatened or influenced cannot be ruled out. Having regard to the manner in which the offence is committed and the gravity of the charges, this is not a fit case to admit the petitioner to bail. Hence, the petition is rejected.
Sd/- JUDGE *mn/-