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Judgments of Supreme Court of India and High Courts

Jayyappa vs State Of Karnataka on 15 July, 2021

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1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF JULY, 2021

BEFORE:

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.4106 OF 2021

BETWEEN:

JAYYAPPA,
S/O. HANUMANTHAPPA,
AGED ABOUT 38 YEARS.
RESIDING AT
BUADAL ROAD BADAVANE,
HOSANAGARA, NEAR SIABABA TEMPLE,
DAVANAGERE-577 001.

PERMANENT RESIDING AT
LINGAPURA VILLAGE,
DAVANAGERE TALUK DISTRICT-577 512.
… PETITIONER

[BY SRI. CHAKRAVARTHY T.S., ADVOCATE]

AND:

STATE OF KARNATAKA
BY WOMEN POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE-560 001.
… RESPONDENT

[BY SRI. H.R. SHOWRI, HCGP]

***
2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.122/2019 OF WOMEN P.S., DAVANAGERE DISTRICT
(S.C.NO.68/2020 ON THE FILE OF PRL. DISTRICT AND SESSIONS
JUDGE, DAVANAGERE) FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 498A, 504, 302, 323, 324 OF
IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY THE COURT
MADE THE FOLLOWING:

ORDER

Petitioner is before this court in this petition filed under

Section 439 of Cr.P.C. praying to enlarge him on bail in Crime

No.122/2019 registered at Women Police Station, Davanagere.

2. Heard the learned counsel for petitioner and learned

HCGP for respondent-State.

3. Petitioner is accused of committing the murder of his

wife on 25.12.2019 by assaulting her with an Axe. Charge sheet

has been filed for offences punishable under Sections 498A, 504,

302, 323, 324 of IPC.

4. CWs14 and 15 are the eye witnesses to the incident

in question. They are the children of the deceased as well as the

petitioner.

3

5. Learned counsel for the petitioner submits that the

evidence of CWs4 and 5 are already recorded and they have not

supported the case of prosecution. Therefore, submits that by

imposing any condition, petitioner may be enlarged on bail.

6. Trial is pending before the Court of Prl. District and

Sessions Judge, Davanagere in S.C. No.68/2020. The evidence of

PWs.1 to 6 are already recorded. Even though the material

witnesses namely CWs5 and 6 have not supported the case of

prosecution, there are other witnesses to be examined by the

prosecution. The offence alleged against the petitioner is heinous

in nature. Therefore, merely because CWs.5 and 6 have turned

hostile, at this stage, it may not be proper to enlarge the

petitioner on bail.

7. Considering that the trial is in progress and the

petitioner is in J.C since 27.12.2019, the trial court is directed to

conclude the trial as expeditiously as possible. If the trial is not

concluded within a period of four months from today, the

petitioner is at liberty to move a fresh application before the

Sessions court to enlarge him on bail.

4

8. With the above observation, criminal petition is

disposed of.

Registry shall communicate this order to the jurisdictional

court.

Sd/-

JUDGE

snc

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