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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8844/2017
BETWEEN:
Gopala Krishna @ Bhairava
S/o Gurumalla
Aged about 31 years
R/at No.102/B
B.M.Sri.Nagara, Metagalli
Mysore-570 016. … PETITIONER
(By Sri Harish Kumar H C, Adv.
for Sri Arun Kumar Y H, Adv.)
AND:
State of Karnataka
By Vidyaranyapuram Police Station
Mysore.
Represented by the
State Public Prosecutor
High Court Building
Bangalore-560 001. …RESPONDENT
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.10/2016 (S.C.No.146/2016) of Vidyaranyapuram P.S.,
Mysuru city, for the offences P/U/Ss 498A and 302 of IPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
This petition is filed by the petitioner/accused
No.1 under Section 439 of Cr.P.C. seeking his release on
bail for the offences punishable under Sections 498A
and 302 of IPC registered in respondent – police station
Crime No.10/2016.
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused No.1 and also the
learned High Court Government Pleader appearing for
the respondent-State.
3. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record.
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4. One Deepa is the deceased in this case and
Ramalingu, father of the deceased is the complainant.
As per the allegations in the complaint, the petitioner
herein who is the husband of Deepa used to ill-treat and
harass the deceased, due to which, three years prior to
the incident Deepa and her son were taken to her
parental place. Petitioner was addicted to drinking
alcohol. He used to even come to the house of the
complainant in intoxicated state and picking up quarrel
with his daughter. Further, on 16.2.2016 also the
petitioner came to the house of the complainant when
the complainant was not in the house and only the
daughter and mother of the complainant were present
in the house. At about 4.15 p.m. he picked up quarrel
with the deceased and assaulted her with knife and
committed her murder. During investigation, the
Investigation Officer has recorded the statement of the
grand mother of the deceased wherein she has clearly
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stated about her presence along with Deepa in the
house and the petitioner coming to the house and
picking up quarrel and assaulting the deceased Deepa
with knife. Her statement was recorded on the next day
of the incident i.e., on 17.02.2016. Apart from that, the
Investigating Officer has also recorded the voluntary
statement of the petitioner, under which, his blood
stained clothes were recovered in the presence of the
panch witnesses.
5. The post mortem report shows that totally there
are 27 injuries over the body of the deceased and many
of the injuries are stab and incised wounds. The Doctor
who conducted autopsy over the dead body has opined
that death is due to hemorrhage and shock, due to
multiple stab injuries sustained. It is also mentioned
that all the injuries sustained are ante mortem in
nature. Even the opinion of the Doctor was sought
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regarding the weapon and he gave his opinion on
2.5.2016 that injury Nos.1 to 27 mentioned in the post
mortem report could be caused by the examined
weapon. Even the FSL report shows that except item
No.3, all other articles i.e., item Nos.1 to 13 sent for
examination were stained with human blood.
Considering all these materials placed on record, I am of
the opinion that it is not a fit case for exercising the
discretion in favour of the petitioner.
Accordingly, petition is hereby rejected.
Sd/-
JUDGE
bkp
