IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.4743/2018 BETWEEN:
SEENA BOVI S/O. LATE VENKATESHA BOVI @ SANNA BOVI @ SANNAVADA BOVI AGED ABOUT 65 YEARS R/AT BOVI COLONY @ BANDARU BOVI COLONY VILLAGE JAVAGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT 34.
…PETITIONER (BY SRI PRATHEEP K.C., ADV.) AND THE STATE OF KARNATAKA REP. HOLENARASIPURA RURAL POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 01.
…RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE PETITIONER IN S.C.NO.147/2017 IN CRIME NO.55/17 BY RESPONDENT HOLENARASIPURA POLICE FOR THE OFFENCE UNDER SECTION 307, 302, 201, 34 OF IPC AND PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSION JUDGE AT HASSAN.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.2 in Crime No.55/2017 of Holenarasipura Police Station, which is now pending in S.C.No.147/2017 on the file of the II Additional District and Sessions Judge at Hassan. Petitioner and the 1st accused were charge sheeted in the said case for the offences punishable under Sections 201, 302, 307 read with Section 34 of IPC.
2. The 1st accused is the son of petitioner.
Deceased Yashodha was the wife of 1st accused. C.W.2 is another daughter-in-law of the petitioner. C.Ws. 3 and 4 are the children of accused No.1 and deceased Yashodha.
3. It is alleged that accused No.1 was subjecting Yashodha to cruelty suspecting her fidelity. It is further alleged that on the same issue, on 29.03.2017 at about 8.00 p.m. in the house of the accused, accused No.1 assaulted the victim with the peg of pick-axe and iron rod on her head and chest and the petitioner punched and kicked on her chest. It is alleged that when C.W. 2 went to the rescue of victim, accused Nos. 1 and 2 assaulted her also with the peg of pick-axe on her hands and attempted to commit her murder. Yashodha succumbed to her injuries.
4. The learned counsel for the petitioner submits that the allegations against the petitioner are only assaulting the victim with hands and he is 65 years old.
5. The learned HCGP submits that the petitioner has actively participated in the crime and both the accused attempted to screen the evidence of the offence.
6. The relationship between the parties is not disputed. The death has occurred in the house of the accused. The C.Ws. 2 to 4 were also ordinary residents of the same place. As per the postmortem report, the death is due to injuries suffered by the victim on her chest and head.
7. The offence has taken place on 29.03.2017 and the petitioner is arrested on 01.04.2017. During that intervening period, petitioner has not reported the unnatural death of Yashodha to the police. As per the statements of the eye witnesses, petitioner abetted the 1st accused and also actively participated in the crime. Petitioner had earlier filed two petitions and had withdrawn the same.
Having regard to the gravity of offence, material on record and the close relationship of eye witnesses with the petitioner, more particularly another victim – C.W.2, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE VP