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Basavaraju vs State By Nanjangud Rural Police … on 4 December, 2018

Crl.P.No.4882/2018

1

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

2

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

3

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.

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