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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF OCTOBER, 2017
BEFORE
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.6857 OF 2017
BETWEEN:
MAREGOWDA S/O BOMMANNA,
AGED 37 YEARS,
RESIDING AT GIDEGALAHALLI,
DODDERI HOBLI,
MADHUGIRI TALUK,
TUMAKURU-572 175.
…PETITIONER
(BY SRI M.S. RAJENDRA PRASAD, SENIOR COUNSEL
FOR SRI MANJUNATHA N., ADV.)
AND:
STATE OF KARNATAKA
BY BADAVANAHALLI POLICE,
REPRESENTED BY
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
…RESPONDENT
(BY SRI S. VISHWAMURTHY, HCGP.)
THIS CRL.P IS FILED U/S. 439 CR.P.C., PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME NO.8/2017
(S.C.NO.5021/2017) OF BADAVANAHALLI P.S., TUMAKURU
DISTRICT FOR THE OFFENCES P/U/Ss.302, 498A R/W. 34 OF
IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
The petitioner (accused No.1) along with co-accused
is charge sheeted by the respondent – Police in respect of
the offences punishable under Sections 302 and 498A of
IPC r/w. Section 34 of IPC.
2. The allegation is, petitioner was married to the
deceased for 14 years and was residing separately with
his wife and son. In the morning hours of 14.02.2017,
while the deceased was quarrelling with her in-laws, the
petitioner assaulted the deceased with a wooden club
and she expired then and there itself due to heavy
bleeding causing hemorrhage in the skull.
3. Heard the learned senior counsel for the
petitioner, learned HCGP for the State and perused the
papers.
4. Sri M.S.Rajendra Prasad, learned senior counsel
for the petitioner submits that there is nobody to look
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after 13 years old minor son of the petitioner. Even if the
prosecution case is accepted on its entirety, then also it
will not make out a case punishable under Section 302 of
IPC. The petitioner undertakes to abide by any
conditions that may be imposed by this Court.
5. However, considering the fact that there are two
eyewitnesses to the alleged incident, it is not in the
interest of justice to enlarge the petitioner at this stage.
Hence, the petition is dismissed and liberty is reserved
to the petitioner to move fresh bail petition before the
trial Court after the statement of the direct eyewitnesses
is recorded.
6. The trial Court is directed to expedite the trial,
frame charge and proceed with the trial. The exercise of
recording the evidence of the eyewitnesses – CWs.2 to 6
as far as possible shall be completed within 60 days of
the communication of this order. Liberty is reserved to
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the petitioner to move fresh bail petition thereafter.
Ordered accordingly.
Sd/-
JUDGE
nvj