IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8988/2017 BETWEEN:
Prabhakara s/o.Penchalaiah aged about 45 years r/o.Pumphouse Road 1st cross, Belur Hassan District 573 201 .. PETITIONER (By Sri.Vijay Kumar T - Adv. a/w.Sri.Girish B.Baladare – adv. ) AND:
State by Belur P.S. of Karnataka Hassan District Represented by Public Prosecutor High Court building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.234/2016 (S.C.No.91/2017) of Belur P.S. Hassan District for the offence P/U/S 302 & 324 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER -
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 302, 324 of IPC registered in respondent – police station Crime No.234/2016.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials produced in the case. So also I have perused the statement of one Manickya, the brother of the petitioner herein and the statement of one Abdul Khader, who is a neighbour. I have perused the contents of the complaint. Daughter of the deceased is the complainant wherein she has stated that the present petitioner was also suspecting the fidelity of her mother and in that connection the uncle of the deceased was supposed to come from Shivamogga for holding panchayath on that day. It is further stated by the daughter/complainant she slept along with her mother, the deceased. During night she heard screaming noise of her mother and then she put on the light and seen the present petitioner quarelling with her mother holding matchu in his hand. He assaulted her mother in her presence and when she went to rescue her mother, the petitioner has even assaulted her with the said weapon. Then the mother as well as the complainant were shifted to the hospital. The Doctor after examining the mother declared that she is dead. The prosecution material goes to show the complainant also sustained injuries to her finger and other parts of the body. Therefore, prima facie at this stage, it is seen that a case is made out against the petitioner being involved in committing the offences. Hence, it is not a fit case to exercise discretion in favour of the petitioner. Accordingly, the petition is hereby rejected.
Sd/- JUDGE rs