BIMANNA CHIPPARAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petitioner has filed this petition under Section 439 Cr.P.C. for enlarging him on bail in SC No.393/2017 (arising out of Crime No.290/2017 of Athani Police Station, Belgaum District) pending on the file of VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, for the offences punishable under Sections 302, 341 and 504 of IPC.

(2.) The factual aspects leading to this case are that, the deceased, the husband of the complainant by name Annappa, complainant and petitioner were living together in a house in Gujarath by working in a Glass Factory; that the petitioner is addicted to bad habits and as such, he was not in a position to cope-up with the salary drawn by him and he had also suffered an injury on his head while working in the factory and as such the deceased provided medical treatment to him by spending money and thereafter the petitioner has recovered and he joined another factory and earlier factory authorities have deducted half of the salary towards his medical expenses, as such, the petitioner was in debt and he was also enraged with the fact that the deceased had developed illicit relationship with his wife and as such he used to quarrel with him. They returned to Tevaratti Village and he was threatening the deceased in this regard. It is alleged that, on 18.07.2017 the complainant along with her deceased husband Annappa and children had been to her parental house in Jayasingapur at Maharashtra and on 19.07.2018, they returned and at about 12.00 Noon, when they were proceeding to the Form House on the Motor Bike, the petitioner stopped the motor bike on which the deceased was travelling along with his wife by wrongfully restraining them and assaulted by an axe on the head of the deceased and when he fell down from the motor bike, again he assaulted by axe on the head and when he tried to escape, the petitioner is alleged to have chased him and gave three to four blows by axe, as a result, the deceased collapsed on the spot. When the complainant tried to interfere, she was threatened and at that time, the witnesses Rajendra and Akkatayi came there and pacified the dispute and petitioner ran away from the spot and in this regard, the complainant has lodged a complaint. On the basis of the complaint, the Investigating Officer has investigated the case and submitted the charge sheet against the accused/petitioner. The petitioner was arrested and produced before the Court, and was remanded to judicial custody. Then, the petitioner has moved a petition for regular bail before the learned Sessions Judge. But, his bail petition came to be rejected as not pressed. Subsequently, the matter was committed to the Sessions Court and charges were framed against the present petitioner, and the trial has begun and Ten witnesses were also examined. When the trial is in progress, the petitioner has filed a bail petition before the Sessions Judge in Criminal Misc. No. 5295/2021 and the learned Sessions Judge by order dated 28.06.2021 rejected the bail petition. Hence, the petitioner has approached this Court.

(3.) Heard the arguments advanced by the learned counsel for the petitioner and the learned High Court Government Pleader (for short, HCGP ) appearing for the Respondent-State. Perused the records.