ARUN KUMAR @ ARUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., to release him on bail in Crime No.454/2017 (S.C.No.131/2018) pending on the file of LXIII Additional City Civil and Sessions Judge, Bengaluru for the offences punishable under Section 302 of IPC.

(2.) I have heard the learned counsel Sri. Anantharam S.N., for petitioner/accused by virtual hearing and the learned HCGP Smt.B.G. Namitha Mahesh for the respondent-State.

(3.) The genesis of the case of the prosecution in brief is that the complainant is the husband of the deceased Smt.Jayalakshmi. Himself and his wife Jayalakshmi were running vegetables and fruits shop. On 28.09.2017, at about 10:30 a.m., the petitioner/accused came to the shop of the complainant and abused his wife-deceased Jayalakshmi in a filthy language of spreading bad impression about him as a thief and he was shouting with a high loud voice in angry. The complainant's wife warned petitioner/accused, if he repeats it, a complaint is going to be lodged as against him before the police. On the same day at about 8:30 p.m., petitioner/accused again came near her shop and threatened her that she was spreading bad impression about him and he started quarrelling with her. Again the deceased told to him that she is going to file the complaint in the police station. By hearing the same, petitioner/accused by saying that if she is alive then she is going to file the complaint. In that light by taking the knife hidden with him, he gave a blow on her neck. As a result of the same, she collapsed with the injuries and immediately the complainant and neighbors shifted her to the hospital but she died due to the injuries. Based on the said complaint, a case has been registered.