IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6449 OF 2019 BETWEEN:
NAGARAJU AGED ABOUT 56 YEARS S/O EREGOWDA R/AT. HOLALU VILLAGE BIKKODU HOBLI BELUR TALUK-573215 HASSAN DISTRICT.
(BY SRI. GURUDHATTA K, ADV.) AND:
THE STATE OF KARNATAKA BY AREHALLI POLICE STATION BELUR TALUK-573215 HASSAN DISTRICT REP. BY SPP HIGH COURT OF KARNATAKA.
(BY SRI. ROHITH B.J. HCGP) - - -
… PETITIONER … RESPONDENT This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.61/2019 (SPL. Case No.198/2019) of Arehalli P.S. Hassan for the offence P/U/S 302, 201 of IPC and Section 3(2)(v) of SC/ST(POA) Act.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent – State and perused the records.
2. The petitioner is the sole accused in Crime No.61/2019 of Arehalli Police Station, Hassan District, for the offences under Sections 302 and 201 of IPC. After investigation, a charge sheet has been laid against him for the above said offences and also under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. A Special Case has been registered after filing of the charge sheet in Special Case No.198/2019 pending on the file of the Addl. District and Sessions Judge at Hassan.
3. The brief facts of the case are that the petitioner and the deceased Susheelamma are neighbours residing at Holalu Village. The said Susheelamma was leaving her cattle to the lands of the petitioner. In this case, it appears there were differences between the petitioner and the deceased Susheelamma. On 16.05.2019, it is alleged that the accused quarreled with the deceased on the morning and particularly in the evening he committed the murder of the deceased by assaulting her with an axe.
4. The charge sheet paper discloses that during the course of investigation, the police have recorded the statements of brother-in-law and wife of the accused and infact they have categorically stated that the accused himself has disclosed to them that he has committed the murder of the deceased by assaulting her with an axe. The post mortem report produced before the Court also discloses that the deceased died due to cardio respiratory failure as a result of head injury. Looking to the nature of allegations and the facts of the case, at this stage, the Court cannot ignore the statements of none other than the wife and brother-in-law of the accused who categorically stated that on that particular day, the accused came to the house in the evening and told his wife that he has committed the murder and thereafter, changed the dress and went away from the house. Therefore, these facts, in my opinion have to be thrashed out during the course of full fledged trial. When the statements of wife and brother-in-law are available, in my opinion, the petitioner is not entitled to be enlarged on bail. However, liberty is given to the petitioner to approach the Trial Court for bail on any changed circumstance after examination of material witnesses.
Sd/- JUDGE RV