IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.3814 OF 2019 BETWEEN SANJAYA SHETTY AGED ABOUT 46 YEARS S/O SHEENA SHETTY R/AT CHURCH COMPOUND NIRALA DHARMAGIRI, VAMANJOOR BONDANTHILA VILLAGE MANGALORE TALUK PRESENTLY R/AT 313 APARTMENT 2ND FLOOR, KENJARU VILLAGE MANGALORE TALUK D.K. DISTRICT 574110 (THE PETITIONER IS IN JUDICIAL CUSTODY) … PETITIONER (BY SRI NISHIT KUMAR SHETTY – ADV.) AND STATE OF KARNATAKA BY SHO, BAJPE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560001.
(BY SRI K.P. YOGANNA, HCGP) … RESPONDENT ******* THIS CRL.P. IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIOENR ON BAIL IN CR. NO.22/2019 REGISTERED BY BAJPE POLICE STATION, MANGALURU FOR THE OFFENCES P/U/SS 326 AND 307 OF IPC.
THIS 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 perused the records.
2. The charge sheet filed against the petitioner for the offences under Sections 324, 326 and 307 of IPC reveals that the petitioner is none other than the husband of the victim. Their marriage had taken place about 7 years ago and since 4 years the petitioner has been suspecting conduct of the victim and he was also demanding money from her for his bad habits. In this context it is alleged that on 22.01.2019 at 3.10 p.m., when CWs. 1 & 2 had been to Kateel Temple and came back, at that time the accused had called CW2 for the purpose of giving the key of the kitchen and also demanded for money. As she refused for the same, he brought a chopper and assaulted CW.2 mercilessly on her head, neck, stomach and back etc. Injuries are serious in nature.
3. Learned HCGP appearing for the State produced the Wound Certificate before the Court, which discloses that the petitioner had inflicted as many as seven injuries on the different parts of the body of the injured. The doctor has opined that the injuries are grievous in nature and further opined that though the victim said to have been discharged from the hospital, looking to these injuries they are serious enough even to cause future damages to the body of the injured.
4. Looking into above said facts and circumstances of the case, considering the nature of allegations and relationship between the parties, if the petitioner is released on bail, there is every chance of he repeating such other acts against the victim in view of the stained relationship. Considering the nature of injuries, in my opinion at this stage the petitioner is not entitled to be enlarged on bail.
Accordingly, the petition is dismissed.
Sd/- JUDGE Sbs* CT:bm