IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26 T H DAY OF SEPTEMBER,2018
BEFORE
THE HON’BLE MRS.JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.101455 OF 2018
BETWEEN:
BASAPPA @ BASAVARAJ
S/O CHANDAPPA KAMBALI
AGED ABOUT: 32 YEARS,
OCC: COOLIE,
R/O: SAVADI VILLAGE,
TQ: RON, DIST: GADAG.
… PETITIONER
(BY SRI. ANAND R. KOLLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT: DHARWAD,
BY ITS RON POLICE STATION.
… RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
—
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO PASS AN ORDER,
ENLARGING THE PETITIONER ON BAIL IN
C.C.NO.216/2018 (CRIME NO.3/2018 REGISTERED BY
RON PS), PENDING BEFORE PRL. CIVIL JUDGE AND JMFC,
RON, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498-A, 302, 324, 504 R/W 34 OF IPC.
Crl.P.101455/2018.
:2:
THIS PETITION COMING ON FOR ORDERS THIS DAY
THE COURT MADE THE FOLLOWING:-
ORDER
Petitioner is accused No.1 in
C.C.No.216/2018 on the file of Princip al Civil
Judge and JMFC, Ron. Ron police have charg e
sheeted the petitioner and second accused in the
said case for the offences p unishab le und er
Sections 498A, 302, 324, 504 R/w. Section 34 of
the IPC on the basis of the complaint of CW1 –
Smt. Kalasavva.
2. CW1 is the mother of victim Renuka.
Marriage of the p etitioner and Renuka was
solemanized about eig ht years b ack and they have
two child ren and CW11 aged six years is one
amongst them. Accused No.2 is the eld er brother
of the petitioner.
3. It is alleged that the p etitioner was
addicted to alcohol and therefore subjected
Renuka to physical cruelty since 5-6 years prior to
Crl.P.101455/2018.
:3:
the incid ent. It is further alleg ed that on
11.01.2018 at 8.00 pm in the house of the
petitioner, p etitioner and second accused
assaulted the victim with the handle of axe and
strangulated her with plastic wire. It is further
alleged that CW6 witnessed the incident and
informed CW1. When CW1 rushed to the spot to
rescue the victim, it is alleg ed that the p etitioner
assaulted her also and caused injury on her rig ht
hand.
4. The post-mortem report shows that
there were external injuries on the forearm
scap ular reg ion of frontal area and on inner aspect
of left thigh and contusions on the body. The
aforesaid injuries are other than the lig ature
injury on the neck. As per charge sheet CW1 and
CW6 are eyewitnesses to the incident.
5. Sri. Anand R. Kolli, learned counsel for
the petitioner submits that this Court has g ranted
Crl.P.101455/2018.
:4:
bail to the second accused and principle of p arity
applies.
6. It is not the case of the p etitioner that
the second accused was staying with him in his
house. The death has occurred in the house of
the p etitioner where the petitioner and the
deceased were ordinarily residing. Therefore, it is
for him to exp lain the cause of the d eath.
7. Though it is contended that the death
was suicid al, post-mortem report shows that there
were external injuries on the dead body. Ap art
form that, there are statements of the
eyewitnesses CW1 and CW6. Further, as per the
wound certificate, CW1 also has suffered injuries
and her medical examination report corresponds
to her complaint, which p rob ab alize she being the
eyewitness. Therefore, the ground of parity does
not apply.
Crl.P.101455/2018.
:5:
8. Having reg ard to the incriminating
materials on record ag ainst the petitioner, at this
stag e, it is not a fit case to g rant bail.
9. Therefore, the petition is dismissed.
SD/-
JUDGE
gab
