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Judgments of Supreme Court of India and High Courts

Gopala Krishna vs State Of Karnataka on 12 February, 2018

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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

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