IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 7TH DAY OF JANUARY, 2020
BEFORE
THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.201537/2019
Between:
Vishwanath S/o Sakaram Sindhe
Age: 43 years
Occ: Computer Repair Business
R/o Tajsultanpur Village
Tq: Dist: Kalaburagi
Now R/o Janatha Nagar Layout
Near Sindagi Ambabhavani Temple
Kalaburagi – 585 102
… Petitioner
(By Sri Khaleeph M., Advocate for
Smt. Shridevi B., Advocates)
And:
The State of Karnataka
Brahmpur Police Station
Kalaburagi
Represented by SPP
High Court of Karnataka at
Kalaburagi Bench – 585 103
… Respondent
(By Sri P.S. Patil, HCGP)
Crl.P.No.201537/2019
2
This criminal petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.41/2019 (S.C.No.104/2019) of Brahmpur, P.S., Dist:
Kalaburagi, for the offences P/U/Sec.498A 302 of IPC,
pending before the V Addl. Dist Sessions Judge,
Kalaburagi.
This petition coming on for orders, this day, the
Court made the following:
ORDER
The petitioner has sought for his enlargement on
bail under Section 439 of the Code of Criminal
Procedure in S.C.No.104/2019 pending before the V
Addl. District and Sessions Judge at Kalaburagi Court
for the offences punishable under Sections 498A and
302 of the Indian Penal Code (hereinafter for brevity
referred to as `IPC’).
2. The summary of the case of the
prosecution is that on 09.04.2019 between 10.00 to
11.00 a.m. the accused caused the murder of his wife
in his house by assaulting her with cricket bat on her
head and on other parts of the body. The motive
Crl.P.No.201537/2019
3
attributed is that he was suspecting the character of
his wife. The charge sheet for the offences punishable
under Sections 498(A) and 302 of IPC has been filed
against the accused/petitioner.
3. The learned counsel for the petitioner while
reiterating the contention taken up by the petitioner in
the petition submitted that the petitioner is innocent
of the alleged incident and he has two small children
to take care of. The learned counsel also submitted
that the petitioner is ready to abide by the conditions
that may be imposed by this Court.
4. Per contra, learned High Court Government
Pleader who has filed statement of objection has
opposed the petition stating that the Medical Report
also supports the case of the prosecution that due to
the assault, the deceased died.
Crl.P.No.201537/2019
4
5. A perusal of the material placed before this
Court at this stage and prima facie would go to show
that the complainant is none else than the mother of
the deceased, as such, she is mother-in-law of the
accused/petitioner. In her complaint itself at the very
first instance, she has stated that though she rushed
to the rescue of her daughter, however, the injury was
so serious that she succumbed to the injury on the
spot. By that time, the accused also ran away form
the house. Added to that, the charge sheet also
shows CWs.6, 7 and 8 were also eyewitnesses to the
incident. Therefore, when the charge sheet clearly
shows that the complainant was the eyewitness to the
incident and three more independent eyewitnesses to
the alleged incident have stated that they have
witnessed the said incident, I am of the view that, at
this stage and prima face there are no grounds for
enlarging the petitioner on bail.
Crl.P.No.201537/2019
5
However, surprisingly the prosecution has not
whispered anything about the presence of the
eyewitnesses to the incident in its statement of
objection. In a very casual manner, it has filed its
statement of objection. Even in the argument also
surprisingly the learned High Court Government
Pleader did not whisper about the presence of the
eyewitnesses at the time of the alleged incident.
6. In view of the above reasoning, since the
charge sheet material shows the presence of the
eyewitnesses to the alleged incident which alleges the
crime as heinous in nature, I am of the view that the
petitioner does not deserve to be enlarged on bail.
Accordingly, the petition stands dismissed.
Sd/-
JUDGE
Srt