ANNAPPA APPASAB KICHADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C. ', for brevity) seeking bail in Crime No.32/2019 of Harugeri Police Station registered for the offences punishable under Sections 498A and 302 of The Indian Penal Code, 1860 (hereinafter referred to as the 'IPC ', for brevity).

(2.) The case of the prosecution is that, one Sri.Jinnappa s/o Allappa Gawali, resident of Shiraguppi, has filed a complaint stating that the deceased-Kallavva @ Kalawati Annappa Kichadi is his elder sister and the petitioner/accused is the husband of deceased Kallavva. Their marriage was celebrated 20 years ago. It is alleged that since two years, the petitioner was giving physical and mental ill-treatment to Kalavathi suspecting her fidelity and on 07/03/2019 at about 10.00 pm he has assaulted his wife on her face, back and limbs with an axe in his thatched hut put up in the land bearing Sy.No.112/1B of Mugalkhod village, with an intention to cause her death and as a result she succumbed to the said injuries on 11.03.2019 at 11.00 pm in the Civil Hospital, Miraj. The said complaint came to be registered in Harugeri PS Crime No.32/2019 for the offences punishable under Sections 498A and 307 of IPC. Subsequent to the death of Kallavva, Sec. 302 of IPC has been inserted. The Investigating Officer has completed the investigation and filed charge sheet against the petitioner for offences punishable under Sections 498A and 302 of IPC and the case is pending in S.C. No.237/2019 before the Sessions Court. The petitioner has moved bail application before the Sessions Court and it came to be rejected.

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