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Puttarangamma vs State By Chelur Police Station on 4 May, 2018

Crl.P.No.2509/2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF MAY, 2018

BEFORE

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

CRIMINAL PETITION NO.2509 OF 2018

BETWEEN:

1. PUTTARANGAMMA
W/O JAYANNA,
AGED ABOUT 60 YEARS,

2. JAYANNA
S/O LATE BAPPANNA,
AGED ABOUT 65 YEARS,

BOTH ARE RESIDENTS OF
MALLENAHALLI VILLAGE,
HAGALVADI HOBLI,
GUBBI TALUK,
TUMKUR DISTRICT-26.
…PETITIONERS

(BY SRI RAVI H.K., ADVOCATE)

AND:

STATE
BY CHELUR POLICE STATION,
GUBBI CIRCLE,
GUBBI TALUK,
TUMKUR DISTRICT – 572 101,
REP. BY SPP,
Crl.P.No.2509/2018
2

HIGH COURT BUILDING,
BENGALURU-560 001.
…RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.139/2017 OF CHELUR POLICE
STATION, TUMAKURU DISTRICT FOR THE OFFENCE P/U/S
498A, 304B R/W 34 OF IPC.

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

ORDER

This present petition is the third successive bail

petition. The earlier bail petitions which were

Crl.P.No.8070/2017, filed under Section 438 of Code

of Criminal Procedure and Crl.P.No.73/2018, filed

under Section 439 of Code of Criminal Procedure,

were came to be rejected by this Court by the order

dated 20.11.2017 and 02.02.2018 respectively. As
Crl.P.No.2509/2018
3

such, the alleged facts of the case as per the

prosecution and the alleged contention of the

petitioners that they are innocent people, would not

require a re-analysis at this stage. What is required to

be looked for is about the changed circumstances in

the case, if any, subsequent to the rejection of

Crl.P.No.73/2018, on 02.02.2018.

2. Learned counsel for the petitioners in his

argument submitted that the deceased –

Rakshitha/Rekha has one more living child, who is

three years old and to take care of the child, there is

nobody in the family. Further, the present petitioners

are in judicial custody since four months. Learned

counsel also submitted that the charge sheet has been

filed in the matter and the case papers go to show

that the relationship of the deceased with the accused

were cordial earlier.

Crl.P.No.2509/2018
4

3. Learned High Court Government Pleader who

has taken notice for the respondent-State in his

argument submits that none of the above facts

alleged by the learned counsel for the petitioners are

any changed circumstances. All these aspects were

considered when previous bail petitions of the very

same petitioners were rejected by this Court.

4. Even according to the petitioners, the age of

the living child of the deceased – Rakshitha/Rekha is

three years, which means as at the time of filing of

previous bail petitions also, the child was living with

the very same problem about taking its care. On the

contrary, now the child is a bit older, though is still of

tender age, as such, the same is not a changed

circumstance subsequent to rejection of the earlier

bail petitions of the petitioners.

Crl.P.No.2509/2018
5

Filing of the charge sheet was also in the month

of November, 2017, which was about three months

prior to the rejection of the similar bail petition of

these petitioners in Crl.P.No.73/2018. As such, the

filing of the charge sheet is also not a changed

circumstances. The alleged cordial relationship which

the deceased was said to have enjoying with the

petitioners would not be a material fact to consider,

since the said aspect has also been considered in the

previous bail petitions of the same petitioners, by this

Court. As such, without going into further detail,

suffice to observe that there is no change in the

circumstance subsequent to rejection of the previous

bail petition in Crl.P.No.73/2018 dated 02.02.2018.

Crl.P.No.2509/2018
6

As such, I do not find any reason to allow this

petition. Accordingly, petition stands rejected.

Sd/-

JUDGE

PB

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