SHRIKAN 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.205/2019 of Ghataprabha Police Station registered for the offence punishable under Sections 498A and 302 IPC.

(2.) The case of the prosecution is that one Arjun Laxman Nannari filed complaint alleging that his sister Smt. Ailakka had married petitioner-accused No.1 since 15 years back and out of their wedlock they had five children. It is further alleged that the accused No.1 used to quarrel with his wife on flimsy grounds and elders have informed the accused not to quarrel. It is further alleged that sister of petitioner Dundawwa Laxman Nannari is resident of Hunshyal had made proposal to the accused No.1 and Ailakka to give their daughter Vidya to her son Arjun in marriage and petitioner-accused No.1 agreed but the Ailakka refused as Vidya is studying and still minor. The petitioner-accused No.1 alleged to have frequently abused and assaulted Ailakka and assaulted and quarreled with deceased Ailakka. It is further alleged that on 07.09.2019 his son Mahadev Ramchandra Nannari had fell down in Hunshyal factory while doing work and were taking to Belagavi for treatment at about 4.30 p.m. At that time they received phone call from Shrikant Anna Laxman Patil and told that the petitioner-accused and deceased Ailakka had been to agricultural field and to make phone call to them and accordingly he made a phone call but their mobile was switched off and at about 6 p.m. went to filed and found that Ailakka sustained injuries and was dead. On 07.09.2019 at about 11 a.m. went to filed and alleges that the deceased Ailakka and petitioner-accused No.1 quarrel in respect of marriage of their daughter Vidya and petitioner-accused No.1 alleged to have assaulted with stone on forehead and further found sickle and even the petitioner accused No.1 has sustained injuries to his hand. The complaint came to be registered in Crime No.205/2019 of Ghatapraba Police Station for the offence punishable under Sections 498A and 302 R/W 34 IPC . After investigation, Police filed charge sheet against petitioner-accused No.1 alone for the offence punishable under Section 498A and 302 IPC. In the charge sheet it is alleged that the petitioner-accused No.1 is suspecting that deceased Ailakka alleging illicit relationship with Lagamanna Katakatti and therefore the petitioner-accused No.1 has assaulted the deceased and committed her murder. The petitioner-accused No.1 has filed bail application in Crl.Misc.No.495/2020 and the same came to be dismissed by order dated 21.03.2020 by the V Addl. District and Sessions Judge, Belagavi. Therefore, petitioner-accused No.1 is before this Court seeking bail.

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