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Basappa @ Basavaraj S/O Chandappa … vs The State Of Karnataka on 26 September, 2018

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.

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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

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