SHAFIULLA @ BREAD BHATTI SHAFIULLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C. seeking bail in Crime No.27/2019 of Halavagalu Police Station registered for the offence punishable under Section 302 of IPC.

(2.) The case of the prosecution is that complainant by name Bibi Jan has filed a complaint against the present petitioner. The complainant further alleged that the marriage of the complainant's daughter Munni was performed with the petitioner as second wife. Out of their wed lock, they have begotten three daughters and a son. Apart from that, the petitioner has two sons through his first wife. It is further alleged that the petitioner purchased 4 acres of land in Honnalli village and got transfer in the name of Munni. Later the petitioner was running a Bakery shop at Shingenahalli. The petitioner always suspecting the fidelity of his wife Munni and used to quarrel with her for silly reason. Due to which the deceased went to her parental house. Thereafter, he brought his wife back to his house and used to reside at his newly constructed house in his land property of Honnehalli, but he continued to suspect her fidelity and often picking up quarrel with her by demanding to re- transfer 4 acres of land to his name. Again, Munni left her parental home and left her children to Shikaripura Hostel. Thereafter, petitioner brought her back to his house at Honnehalli under the guise of giving Rs.5,000/- hostel fees for their children. On 26.03.2019 in between 2.00 to 2.30 am petitioner picked up quarrel with deceased and assaulted on her with stone on her right ear and right side of her head, right side eye, chest and committed her murder. On the basis of the complaint the respondent Police have registered the case for the offences punishable under Section 302 of IPC. The petitioner came to be arrested on 27.03.2019. The petitioner approached II Addl. District and Sessions Judge, Ballari in SC No.5034/2019 seeking bail and the same came to be rejected by order dated 10.07.2020. Therefore, petitioner is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused No.1 and learned HCGP for respondent-State.