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Narayanaswamy S/O Duragappa … vs The State Of Karnataka on 26 June, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 26TH DAY OF JUNE, 2018

BEFORE

THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY

CRIMINAL PETITION No.100107/2018

BETWEEN:

NARAYANASWAMY S/O DURAGAPPA KATTIMANI,
AGE: 52 YEARS, OCC: PVT. EMPLOYEE,
R/O: BEHIND LIC, VIDYANAGAR, HAVERI,
TQ/DIST: HAVERI. …PETITIONER

(BY SRI.K.M.SHIVALLI, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
BY HAVERI SUB-URBAN P.S.,
HAVERI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH DHARWAD. … RESPONDENT

(BY SRI. RAJA RAGHAVENDRA NAIK, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., SEEKING TO RELEASE HIM ON BAIL IN CC NO. 62/2017,
PENDING ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN.) AND
CJM, HAVERI, ARISING OUT OF HAVERI TOWN POLICE STATION,
CRIME NO.21/2017 REGISTERED FOR THE OFFENCE
PUNISHABLE U/S.498-A, 302 OF IPC AGAINST HIM.

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER

The petitioner has filed this petition under Section

439 of the Code of Criminal Procedure, seeking to enlarge

him on bail in Crime No.21/2017 of Haveri Town Police

Station for the offences alleged under Sections 302 and

498A of Indian Penal Code.

2. The summary of the case of the prosecution is

that on 02.03.2017 at 12’o clock in the afternoon, the

complainant by name Miss Steffy gave a complaint to the

respondent-police in the District Hospital at Haveri. The

summary of the said complaint is that the father of the

complainant, Shri Narayanaswamy (the petitioner herein)

was a retired official of Hatti Gold Mine and he was

addicted to consumption of liquor. By consuming liquor,

everyday he used to abuse his wife and assault her. The

complainant being the daughter of the present petitioner

was aware of the said fact. The complainant was in fact

employed. On the alleged date of incident, when the
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complainant left home to go to her office, her parents were

at home. After reaching her office when the complainant

telephoned her mother, there was no response from her

mother. On suspicion, the complainant immediately

rushed to the home where she saw her father leaving the

home with stains of blood in his hands. The complainant

saw her mother fallen on the floor in the house with

bleeding injuries on several parts of her body including

right chin, near right ear, occipital region near left eye

etc., and she was struggling hard. The complainant also

noticed a hammer and a scissors on the spot.

Immediately, with the help of the neighbour, she shifted

her mother in a autorickshaw to the hospital. However,

the injured mother succumbed to the injuries on the way.

The complainant specifically alleged that her father

Narayanaswamy was regularly subjecting her mother to

harassment and cruelty. As such, on the alleged date of

incident also it was he who assaulted her mother with

hammer and scissors causing her death. The
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complainant/police registered the said complaint against

the present petitioner for the offence punishable under

Section 302 IPC and after conducting investigation have

filed charge-sheet against the petitioner for the offences

punishable under Sections 498-A and 302 of IPC.

3. Learned counsel for the petitioner in his

argument submitted that the contention of the

complainant that she telephoned to her mother

immediately after going to office is not convincing for the

reason that within half-an-hour of she leaving her house,

she claims to have called her mother. There is striking of

a word in the complaint which also leads to suspicion.

The alleged accusation that the complainant saw her

father with blood stains on his hands is also unbelievable.

4. Learned High Court Government Pleader who

is appearing for the respondent in his argument

vehemently submitted that the complainant is none else

than the daughter of the accused and the deceased. She
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has spoken about the ill-treatment meted to her mother

by the present accused everyday. The complainant has

also seen her father immediately after the incident and

she saw that his hands were stained with blood.

5. The complainant is none else than the

daughter of the present petitioner. In her complaint itself

she has categorically stated that after addicting to the

consumption of liquor, the accused was regularly

assaulting her mother and subjecting her to cruelty. He

was not heeding to any advice and request. Apart from

stating that she was staying with her parents, she has

also cited on the date of incident when she left for her

duty it was only her father and mother who were there in

the house. She claims to have telephoned to her mother

immediately after she reaching the office. Merely because

the complainant/daughter claims to have telephoned her

mother within a short time after she reaching the office the

same cannot be suspected as an uncommon thing. There is no
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circumstance to suspect the daughter telephoning to her

mother though immediately after she reaching office.

Since the complainant knew the habit of her father

consuming liquor and assaulting her mother, it can be

seen at this stage of all the probability of the daughter

getting scared when her telephone call remained

unattended. This made her to rush to the home

immediately.

6. The complainant in her complaint itself has

categorically stated that when she returned home she saw

her father inside the house who after seeing the daughter

(complainant) left the house. At that time, the

complainant noticed that hands of her father were stained

with the blood. Immediately, in the spot the complainant

also saw her mother struggling for life having sustained

bleeding injuries on different parts of the body. In such a

situation when the mother is struggling for life, how come

a father would have left the home even without talking to
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the daughter (complainant) also is unnatural. Added to

this, the complainant also has stated that in the place

nearby her home, she also noticed a hammer and a

scissors. According to the prosecution, those articles

seized are the weapons of assault against the deceased.

In this scenario, when the daughter herself has

apart from giving the details of the character and habit of

her father and alleged cruelty meted to her mother by him

is also categorically stated when her mother was

struggling for her life and had sustained bleeding injuries,

it was only her father who was with her mother. Thus,

these aspects mentioned in the complaint and the charge-

sheet raises finger towards the accused. In view of the

fact that the alleged offence is heinous punishable with

death or life imprisonment and the deceased is none else

the wife of the present accused, I am of the view,

irrespective of the fact that the complainant is said to be

in judicial custody since more than a year, still he does

not deserve to be enlarged on bail.

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7. Accordingly, I proceed to pass the following

order:

ORDER

The petition stands rejected as being devoid of

merits.

Sd/-

JUDGE

Jm/-

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