SHILPA 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.64/2022 of Yelburga Police Station registered for the offences punishable under Ss. 302 and 506 of the Indian Penal Code (hereinafter referred to as ' IPC ', for brevity), pending in S.C. No.38/2022 on the file of Principal District and Sessions Judge, Koppal.

(2.) The case of the prosecution is that one Huchappa has filed the complaint stating that his elder son Siddalingappa (deceased) was running hotel near Mandalmari Cross since last 3 years and staying along with his wife (petitioner/accused) and children. The petitioner and the deceased used to quarrel with each other. It is further stated that on 13/4/2022 at about 5.00 a.m. the petitioner/accused made a phone call to the complainant and informed him that his son deceased- Siddalingappa has been murdered by one Shankarappa. Thereafter, the complainant and others went to the spot wherein, the petitioner/accused informed that on 12/4/2022 at about 8.00 p.m. after having meals Shankarappa was sleeping outside and Siddalingappa, petitioner, her son Manjunath-CW.9 and Nirmala-CW.8 were sleeping inside the hotel and at about 4.00 a.m. Shankarappa came and asked for drinking water and when Nirmala-CW.8 went to bring water, Shankarappa entered the house and assaulted the deceased- Siddalingappa with chopper. The complainant on looking to the body fallen with suspicion enquired about the alleged incident to CW-8 Nirmala who informed that the petitioner was talking on phone and the deceased took her SIM and broke it and in the night hours he also assaulted the petitioner/accused. So, on the next day in the early morning hours the petitioner took chopper and assaulted the deceased and killed him. The said complaint came to be registered in Crime No.64/2022 of Yelburga Police Station for the offences punishable under Sec. 304 / 302 and 506 of IPC. The Police after the investigation filed charge sheet against the petitioner/accused for the offences punishable under Ss. 302 and 506 of IPC. The petitioner has been arrested on 13/4/2022 and he is in judicial custody. The petitioner filed Criminal Miscellaneous No.557/2022 seeking bail and the same came to be rejected by the District and Sessions Judge, Koppal by order dtd. 12/8/2022. Therefore, the petitioner/accused is before this Court seeking bail.

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