IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8941/2017 BETWEEN:
R Santhosh Kumar @ Santhosh S/o Ramalingam Aged about 34 years R/at No.1, 1st Floor D’souza Garden, J.C. Road Bangalore-560 002. ... PETITIONER (By Sri K Rajesh Rai, Adv.) AND:
State by Chikkaballapur Rural Police Station Represented by the State Public Prosecutor High Court Building Bangalore-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.128/2017 of Chickballapura Rural P.S., Chickballapura District for the offence P/U/S 302 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the accused under Section 439 of Cr.P.C. seeking his release on bail for the offence punishable under Section 302 of IPC registered in respondent – police station Crime No.128/2017.
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. Learned counsel for the petitioner during the course of his arguments submitted that looking to the contents of the complaint filed by the relative of the deceased and the petitioner it shows that there were difference of opinion between the couple and deceased herself has stated before the complainant that because of the quarrel between herself and her husband she left the house and came there. It is also the submission of the learned counsel that looking to the prosecution material the offence under Section 302 of IPC will not be attracted and at the most the offence may fall under Section 304(ii) of IPC i.e., culpable homicide not amounting to murder. The couple are having three female children. He has produced the photographs of the said children along with the memo. He has submitted that there is nobody to take care of the children. Now the children are with the brother of the petitioner. As the investigation is completed and charge sheet is filed, by imposing reasonable conditions, petitioner may be enlarged on bail.
4. Per contra, learned High Court Government Pleader during the course of his arguments submitted that as per the post mortem report totally there are 11 injuries, out of which, some are stab injuries, chop wounds, contusion etc., It is a case of murder and not culpable homicide not amounting to murder. Hence, petitioner is not entitled to be granted with bail.
5. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record by the petitioner along with the petition.
6. Looking to the number of injuries suffered by the deceased and as per the complaint averments when the petitioner came nearby the hut of the complainant, he was carrying the deadly weapon along with him, this itself prima facie shows the intention of the petitioner to eliminate the deceased. Therefore, the contention of the learned counsel for the petitioner cannot be accepted at this stage. Apart from the complainant, there are three other eyewitnesses to the incident viz., C.Ws.2 to 4.
Hence, I am of the opinion that it is not a fit case to exercise the discretion in favour of the petitioner.
Accordingly, petition is hereby rejected.
Sd/- JUDGE bkp