IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8831 OF 2018 BETWEEN:
SRI. NAGARAJA, S/O BASAVARAJAPPA, AGED ABOUT 35 YEARS R/AT MAYAKONDA VILLAGE, DAVANAGERE DISTRICT PIN CODE: 571 440. ...PETITIONER (BY SMT. SOWMYA.R, ADV.) AND THE STATE OF KARNATAKA, REPRESENTED BY:
MAYAKONDA POLICE DAVANAGERE DISTRICT PIN CODE: 571 440 REPRESENTED BY:
STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.54/2018 (S.C.NO.120/2018) OF MAYAKONDA POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mayakonda Police have charge sheeted the petitioner in Crime No.54/2018 of their Police Station for the offence punishable under Section 302 of I.P.C.
2. Marriage of the petitioner and deceased Shilpa was solemnized three years prior to 19.04.2018 and the couple had daughter aged about 2 years. It is alleged that on 19.04.2018 at 5.30 p.m. petitioner suspecting fidelity of Shilpa strangulated her in his house and thereafter to get rid of the responsibility of the child he strangulated her also and committed their murder.
3. Initially mother of Shilpa filed report before the Police on 19.04.2018 stating that Shilpa was suffering from health issues, therefore, she committed suicide and while so committing suicide she has killed the child also. Her further statement was recorded on 24.04.2018 i.e., after five days implicating the petitioner.
4. There are no eye-witnesses to the incident.
The case is based on the circumstantial evidence. As per the spot mahazar, the door of the house was bolted from inside and the dead bodies were found hanging when the others approached the house. Under these circumstances, it is not just and appropriate to subject the petitioner for pre-trial conviction and sentence. Therefore, petition is allowed.
The petitioner is granted bail in Crime No.54/2018 of Mayakonda Police Station, Davanagere, subject to the following conditions:
1. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2. He shall appear before the Court as and when required for the purpose of trial;
3. He shall not tamper the prosecution witnesses by threats, inducement or otherwise;
4. He shall not leave the Jurisdiction of the Trial Court without leave of the Trial Court till the trial is concluded.
Sd/- JUDGE HR CT-HR