IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5553/2018 BETWEEN:
Girisha, S/o. Govindappa, Aged about 35 years, R/at No.160, 4th Cross, Indiranagara, West of Chord Road, Rajajinagara, Bengaluru-560 010. ... Petitioner (By Sri. K.B.K.Swamy, Adv.,-Absent) AND:
State of Karnataka, By Byatarayanapura P.S., Bengaluru City, Rep. By State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.132/2017(S.C.No.1322/2017)of Byatarayanapura P.S., Bengaluru for the offence p/u/s 302, 307 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail in Crime No.132/2017(S.C. No.1322/2017) of Byatarayanapura Police Station for the offences punishable under Sections 302 and 307 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioner has remained absent even inspite of repeatedly posting this case for more than one week on day to day basis.
3. It is contended in the petition that there is a delay of 8 days in registration of the case. It is further stated that there are contradictory statements in the statement of the injured-eye-witness and in the complaint. It is further contended that the statement of the complainant falsifies with the statement of CW.17. Further it is stated that the Test Identification Parade has also not been conducted to identify the accused and the statement of the witnesses have been recorded belatedly. Even the motive of the alleged offence is that earlier, the deceased and accused used to love each other in that regard, a false case has been registered.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eye-witnesses to the alleged incident including the injured-eye-witness and the other witnesses have also identified the accused immediately after committing the alleged offence and going away from that place. It is further submitted that the accused person earlier used to love the deceased-Kum. Shobha, who was washing the clothes at that time, he went and assaulted on her abdomen, leg and other parts of the body by means of knife. When CW.2 came to pacify, the petitioner/accused assaulted the CW.2. There is ample material to connect the petitioner/accused. Further it is submitted that the alleged offences are punishable with death or imprisonment for life. On these grounds, she prayed to dismiss the petition.
5. On close reading of the charge sheet material, it reveals that the accused fell in love with the deceased and insisted to marry her. When she refused to marry, on 11.04.2017 at 12 p.m., he came to the house of the deceased and stabbed on her abdomen, leg and other parts of the body with the help of the knife. When CW.2 – the injured eye-witness came to pacify the said galata, she also been assaulted by the petitioner/accused by means of knife and caused grievous injuries. The statement of the injured-eye- witness and the other witnesses, have also spoken with regard to the presence of the accused and going away from that place. The material clearly go to show that the petitioner/accused has involved in serious offence which is punishable with death or imprisonment for life. Under the said facts and circumstance, I feel that it is not a fit case to release the petitioner/accused on bail. Hence, petition stands dismissed.
Sd/- JUDGE VBS