ABDUL AZEEZ Vs. STATE

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Section 302 of IPC registered in respondent -police station Crime No. 272/2013.

(2.) THE brief facts of the prosecution case are that on 25.6.2013 petitioner had taken the deceased and her children along with sister of the deceased to Shivanasamudram and had reached the house on 26.6.2013 at about 7.00 p.m. The deceased requested the petitioner to get packed food for night meals from restaurant and accordingly, the petitioner got them food. Thereafter, deceased sought for money for the next day home expenses for which, petitioner has convinced the deceased that he has spent all the money and will give her soon after he earns and went away from the house. Thereafter after sometime, petitioner returned home, left the children at his parents house and at about 11.00 p.m. once again there was a quarrel between himself and his wife when he went home and petitioner on becoming furious, strangulated the neck of the deceased with a plastic rope.

(3.) LEARNED counsel for the petitioner during the course of his arguments submitted that there are no witnesses on the side of the prosecution to show the involvement of the petitioner in the commission of the alleged offence. The prosecution relies upon the extra judicial confession said to have been made by the accused before C.Ws. 4 and 5. The statement of C.W. 5 appears to be most unnatural that he has kept his mobile shop open until 1.15 a.m. Even the medical report is not supporting the case of the prosecution that it is a homicidal strangulation committed by the present petitioner. Since from the date of arrest, he is in custody. He has to take care of his children. The investigation of the case is already completed and charge sheet has been filed. Hence, by imposing any reasonable conditions, petitioner may be admitted to bail.