IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS.JUSTICE K.S.MUDAGAL CRL.P.No.7426/2018 BETWEEN:
Smt. Parvathi, W/o late Ram Sevak, Aged about 25 years, Mailani village, Muju Paliya, Paliya Tana, Lakkan Pur Keri District, Uttar Pradesh – 226 005. … PETITIONER (By Sri Mohan Kumar.D., Adv. for Sri M.Krishnegowda, Adv.) AND:
State by Bandepalya P.S., Represented by High Court Government Pleader, High Court of Karnataka, Ambedkar Veedhi, Bangalore – 560 001. … RESPONDENT (By Smt. Namitha Mahesh.B.G., HCGP) This criminal petition is filed under Section 439 Cr.PC praying to enlarge the petitioner on bail in Crime No.9/2018 (S.C.No.900/2018) of Bandepalya Police Station, Bangalore City, for the offences punishable under Sections 302, 201, 120B read with 34 IPC.
This petition coming on for Orders, this day, the Court made the following:
ORDER 1. Bandepalya Police have charge sheeted the petitioner and accused No.1 in Crime No.9/2018 for the offences punishable under Sections 302, 201, 120B read with 34 IPC. The matter is pending in S.C.No.900/2018 before the LXI Additional City Civil & Sessions Judge, Bengaluru.
2. It is alleged that petitioner and accused No.1 were having illicit relationship and that was objected by her husband Ramsevak. It is further alleged that due to such reason, to eliminate Ramsevak, on 22.12.2017 at 11 p.m., in the house where accused and deceased were residing together, accused No.1 assaulted Ramsevak with bricks on his head and the petitioner grappled Ramsevak when accused No.1 was assaulting him. It is further alleged that to conceal the evidence of the offence, the accused transported the dead body and dropped the same in Bandepalya storm water channel near A.K.R.Techpark.
3. The charge sheet was filed on 22.03.2018. This Court in Crl.P.No.4700/2018 rejected the bail petition of the petitioner on 05.09.2018 on merits. No changed circumstances are pleaded to entertain this petition. Under the circumstances, there is no ground to re- consider the matter. Therefore, petition is dismissed.
4. At this stage, learned Counsel for the petitioner submits that the trial is being delayed. The Sessions Court is requested to hold the trial in accordance with Section 309 Cr.PC.
Sd/- JUDGE KK