RUDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This successive petition has been filed by the sole accused under 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.6/2021 of Kalghatagi Police Station, registered for the offences punishable under Ss. 498A, 302 and 309 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity).

(2.) The case of the prosecution that, one Pradeep Maradannavar Somaningappa has filed a complaint stating that his sister Laxmi (deceased), aged 19 years was given in marriage 7 months back during May-2020 to Rudrappa (petitioner-accused). After marriage deceased stayed 3 months in the complainant's house and the petitioner used to come and go to Chalamatti Village to meet his wife. It is further stated that, petitioner used to consume alcohol while coming and used harass the deceased physically and mentally and he continued the same in spite of advise of the villagers during August-2020. Thereafter again the elders in the village advised the petitioner not to harass the deceased and warned him and they advised the deceased to go husband's house, but she refused to go stating that the petitioner will beat her and she stayed in Chalamatti Village. Thereafter, after 15-20 days the brother of the petitioner came to Chalamatti and told the complainant to send Laxmi to her husband's house for leading the life and taken her Huliginkatti Village. It is further stated that the deceased used to call telephonically to her grandmother and used to tell about the harassment of the petitioner that he used to beat her daily and he may kill her etc., and asked to take her back to Chalamatti Village. Therefore complainant told petitioner to send her back to her mother's place. 8 days prior to incident petitioner called the complainant and told to take his sister Laxmi to mother's house as she is not interested in his house and she is not having any interest in agriculture house hold life and he talked in filthy language. At that time complainant asked him not to beat her. It is further stated that on 9/1/2021 at 08.00 p.m., a person of Chalamatti Village by name Basavaraj called through cell phone to complainant that his sister has been killed by her husband in his land. Complainant went to the Huliginkatti Village and in the land under the torch light he saw his sister on the ground and also a rope with which petitioner stated to have strangulated Laxmi and killed her. There was a mark on her neck and she has suffered injury to finger of right hand and nails. Elders in the village told the complainant that petitioner committed murder of Laxmi and also tried to commit suicide and later he was shifted to Kalaghatagi Government Hospital. The said complaint came to registered in Crime No.6/2021 for the offence under Ss. 498A and 302 of IPC and thereafter after investigation charge-sheet has been filed for the offences punishable under Ss. 302, 498A and 309 of IPC. The petitioner came to be arrested on 13/1/2021 and remanded to judicial custody. The petitioner filed Crl.Misc.No.508/2021 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Dharwad by order dtd. 2/7/2021. Earlier this petitioner had filed Criminal Petition No.101355/2021 seeking bail and the same came to be rejected by this Court by order dtd. 2/12/2021. Thereafter, the petitioner filed bail application before the Sessions Court in SC No.83/2021 and the same came to be rejected by the learned III Additional District and Sessions Judge, Dharwad, by order dtd. 18/4/2022. Therefore, the petitioner is before this Court seeking bail.

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