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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’ BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.2520 OF 2017
BETWEEN
MAHADEVASWAMY
S/O CHIKKAMADAIAH
AGED ABOUT 36 YEARS
R/AT KILANAPURA VILLAGE
VARUNA HOBLI, MYSORE TALUK
MYSORE DISTRICT – 570 001
… PETITIONER
(BY SRI.KEMPARAJU, ADV.,)
AND
STATE OF KARNATAKA
BY MYSORE SOUTH POLICE STATION
BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560 001
… RESPONDENT
(BY SRI. S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CRIME NO.190/2016 OF MYSORE SOUTH
POLICE STATION, MYSURU DISTRICT AND
S.C.NO.337/2016 PENDING ON THE FILE OF THE V
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ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSORE,
FOR THE OFFENCE P/U/S 498(A), 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is charge sheeted by the respondent
police for the offence punishable under Section 498A and 302
of IPC.
2. The allegation is, the petitioner and the deceased
were married for 8 years and they have two issues from the
marriage. The petitioner was suspecting the fidelity of his
wife and in this regard there used to be quarrel between them
and he used to harass her and had vowed to finish her off on
one day or the other. That on 10.06.2016 at 7.00 AM he
started quarrelling with the deceased, assaulted her with a
wooden reaper on her left ear and caused fatal injuries. The
victim was admitted to the hospital and while on treatment
she breathed her lost on 16.06.2016. The sister of the
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deceased has lodged complaint and CWs 2 and 3 are the
material witnesses. They are the neighbourers who heard the
screaming of the deceased and when they came out, they saw
the petitioner coming out of the house and declaring that he
killed his wife with the wooden reaper and when enquired, he
said to have stated that the wife was still sleeping though it
was 7.00 AM she had not cooked for her children who were to
go to school and also for him. When questioned, she gave
rude answer. Enraged by her answer, he made up his mind to
finish her off, assaulted her with a wooden reaper on her
head and face 3 to 4 times. She collapsed with bleeding
injury and died at the spot. Thereafter, CW2 and CW3,
neighbourers went inside the house and saw that she was
still alive and was unconscious, they shifted her to the
hospital.
3. Learned counsel for the petitioner submits that
even accepting the entire case of the prosecution on its face
value, it falls short of offence punishable under Section 302 of
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IPC. It was an instantaneous quarrel between the couple,
otherwise he would not have used a wooden reaper and
assaulted her in his enraged mood, if really had an intention
to kill his wife, definitely, he would have used any other lethal
weapon. Petitioner has two school going minor children and
there is no one to take care of them. He works as an
agricultural coolie and will be abide by any condition that
could be imposed on him.
4. Learned HCGP opposes the petition and submits
that witnesses have stated to the effect that he suspected
fidelity of his wife and hence had determined to finish her off.
The petitioner being the husband, he has vicariously
answerable the incident. If enlarged on bail, he will disappear
forever.
5. Perused the charge sheet papers.
6. As per the Post Mortem Report, the death of the
deceased is due to complications of the blunt injury to the
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head sustained. The victim had survived for six days after
the incident. The petitioner is a family holder without any
criminal antecedents and said to be a permanent resident of
the cause title address.
7. In the light of the above, if his presence could be
secured during the trial, there is no impediment to allow the
petition. Accordingly, petition is allowed subject to the
following conditions.
1) Petitioner is enlarged on bail on executing a self
bond for Rs.1,00,000/- (One Lakh Rupees
Only) with one surety for the likesum.
2) He shall attend the court on all the hearing
dates regularly.
3) He shall not prevail upon the prosecution
witnesses.
Sd/-
JUDGE
Bsv
