IRANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.100/2020 of APMC Yard Police Station, registered for the offences punishable under Sections 302 and 506 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) pending in S.C.No.74/2021 on the file of the learned IX Additional District and Sessions Judge, Belagavi.

(2.) It is the case of the prosecution that one Chetan Rajendra Havladar has filed the complaint stating that he is working as security supervisor on contract basis in BIMS (Belagavi Institute of Medical Sciences) and under him several security guards were working including the deceased Sudharani Bassappa Hadapad. She was deployed on duty as a security guard near NICU and Delivery Ward on 30.12.2020. It is further stated that on 30/12/2020 one Gayatri Kalmath came running and informed him that unknown person came on motor cycle and he is assaulting Sudharani and when she tried to rescue her, he also threatened her. He immediately went to the spot and saw the body of Sudharani and she had sustained injuries all over the body and she had died. He searched for the assailant and he was not found, he enquired with Gayatri and she told him that the deceased was talking with unknown person and when she asked the deceased to accompany her, she told her that some known person has come and she will come later. When Gayatri went little ahead, she heard a sound of Sudharani and immediately she came back and saw the person assaulting with talwar and when she tried to rescue her, she was also threatened and she stated that she will identify the person if shown. The motor cycle was in the spot which is bearing registration number as KA-22 X-7300. The said complaint came to be registered in Crime No.100/2020 for the offences punishable under Sections 302 and 506 of IPC. The police completed the investigation and filed charge sheet for the said offences. The petitioner came to be arrested on 30.12.2020. The case of the prosecution is that the petitioner was loving the deceased and wanted to marry her and as she refused his proposal and informed her parents about which they had warned the petitioner, therefore he has committed the murder of the deceased. The petitioner filed Crl.Misc.No.925/2021 seeking bail and the same came to be rejected by the learned IX Additional District and Sessions Judge, Belagavi by order dated 06.09.2021. Therefore the petitioner is before this Court seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.