Crl.P.No.4882/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04th DAY OF DECEMBER 2018
BEFORE
THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.4882/2018
BETWEEN:
Basavaraju,
S/o Late Manchaiah,
Aged about 35 years,
Residing at Kalale Village,
Nanjangud Taluk, Mysore District.
…Petitioner
(By Sri. Akki Mahesh Gowda, Adv.)
AND:
State by Nanjangud Rural
Police Station,
Represented by Public Prosecutor,
High Court, Bangalore – 01.
… Respondent
(By Smt. Namitha Mahesh B.G., HCGP)
This Crl.P. is filed Under Section 439 of Cr.P.C.
praying to enlarge the petitioner on bail in
CR.No.38/2017 (S.C.No.158/2017) of Nanjanagudu
Rural P.S., Mysuru District for the offences
P/U/Ss.498A, 302 of IPC.
This petition coming on for orders, this day the
Court made the following:-
Crl.P.No.4882/2018
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ORDER
Nanjangud Rural police have charge sheeted the
petitioner in Cr.No.38/2017 for the offences punishable
under Sections 498-A and 302 of IPC.
2. The marriage of the petitioner and the victim
Shwetha was solemnized 9 years prior to her death. It
is alleged that since Shwetha did not bear a child, the
petitioner subjected her to physical and mental cruelty
seeking her consent to marry second wife and in
connection with his unlawful demand. It is further
alleged that on 29.01.2017 at 1.30 p.m., in his house,
the petitioner assaulted and smothered Shwetha with a
pillow and committed her murder.
3. The P.M. report states that there were ante
mortem external injuries on the neck and face and
death was homicidal one. There is statement of an
eyewitness to implicate the petitioner.
Crl.P.No.4882/2018
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4. Learned counsel for the petitioner submits that
the statement of CW-9, the alleged eyewitness was
recorded after 6 days of the incident. However, the said
eyewitness stated to have said that she was coerced by
the petitioner, therefore, there was delay in giving the
statement. That itself will not come to the rescue of the
petitioner in seeking bail.
5. Apart from that homicidal death has taken
place in the house of the petitioner. There are witnesses
to speak that the petitioner and the victim were
quarrelling and soon thereafter, the victim was found
dead in the house and the petitioner was missing.
6. Having regard to the gravity of the offence and
the materials on record, it is not a fit case to grant bail
to the petitioner. Therefore, the petition is dismissed.
Sd/-
JUDGE
Srl.
