IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1341 OF 2019 BETWEEN:
SRI VENKATASWAMY S/O VENKATARAMAPPA AGED ABOUT 43 YEARS R/AT MALLASANDRA VILLAGE HOLUR HOBLI, KOLAR TALUK AND DIST NOW AT PRESENT AT C/O SHIVAPRASAD LAND NEAR NIMBEKAYIPURA BIDARAHALLI, BANGALORE EAST TALUK BANGALORE DISTRICT PIN 563021.
... PETITIONER (BY SRI G.V. NARASIMHA MURTHY, ADVOCATE) AND:
STATE OF KARNATAKA BY AVALAHALLI POLICE STATION REPRESENTED BY HIGH COURT PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE PIN-560 001.
... RESPONDENT (BY SRI HONNAPPA – HCGP FOR RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 353/2018 (S.C. NO. 14/2019) REGISTERED BY AVALAHALLY POLICE STATION, BENGALURU 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 Heard the learned counsel for the petitioner.
Perused the records.
2. The brief allegation made against the petitioner is that the petitioner and his wife Sudharani after their marriage, were residing together at Nimbekayipura village, Bidarahalli Hobli, Bangalore East Taluk. It is alleged that petitioner was suspecting his wife’s fidelity and loyalty. In this background, it is alleged that on 18.09.2018 he has committed the murder of his wife by lighting fire on her, etc. The records discloses that one Manjunath was examined as a witness. He has stated that on 18.09.2018 when he was proceeding near the house of the petitioner, he observed that a big sound came from the house of the accused and he saw the asbestos sheet of the house was broken and had exploded and smoke was also coming from the house. Thinking that some gas disaster had occurred inside the house, this witness went near the house of the accused and called the petitioner. After some time the petitioner came out of the house and told that his wife has committed suicide by lighting fire on herself. The witness Manjunatha has seen the dead body of deceased Sudharani inside the house. An explanation was given by the accused that he went inside the house by breaking open the sheet of the roof. But the witness has stated that there was nothing of that sort to believe that the accused has gone inside the house by breaking the asbestos sheet of the house. The witness has actually seen the expulsion of the said sheet from the house.
3. Looking to the above said facts and circumstances, there are sufficient materials available on record wherein the witnesses have categorically stated about the presence of the accused in the house where actually the death occurred. It is an unnatural death which has to be explained by the accused during the course of a full-fledged trial.
4. Under the above said circumstances, I am of the opinion that it is not a fit case where the petitioner requires to be enlarged on bail. Hence, the petition is devoid of merits and the same is liable to be dismissed. Accordingly, petition is dismissed.
As the accused is in judicial custody, the Trial Court has to make all its endeavour to dispose of the case itself on merits, as expeditiously as possible.
Sd/- JUDGE KS