Mahadevaswamy vs State Of Karnataka on 7 September, 2017

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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

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