THIMMARAJU @ THIMMARAYAPPA @ RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by the petitioner -accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the offence punishable under Section 302 of IPC registered in respondent Police Station Crime No. 323/2013.

(2.) BRIEF facts of the case as alleged in the complaint are that the deceased Smt. Latha, wife of the petitioner -accused, both were residing in a rented house No. 28, 1st Floor, 2nd Cross, near Pepsi Godown, Suvarnanagar, Doddabidarakallu. The accused found fault with his wife on the cause of the wife leaving matrimonial house often and used to come to the house in the late hours. On enquiry, the deceased threatened him with dire consequences. After that, she left matrimonial house for a period of 10 days and her whereabouts was not known. Ultimately, she came back on 18.05.2013. When the accused enquired her whereabouts, she refused to disclose the same. They came to the understanding of pardoning each other. They had dinner in the night along with complainant. The complainant left the house of the deceased at 10.00 p.m. It is alleged that subsequently, the accused No. 1 alleged to have murdered deceased by using saree and left the house. On the basis of the said complaint, the case was registered by the respondent police.

(3.) LEARNED Counsel for the petitioner, during the course of the arguments, submitted that there are no eye witnesses to the alleged incident. The entire case of the prosecution is on the basis of the circumstantial evidence. The learned counsel submitted that the petitioner is falsely implicated in the case and he is innocent. He has not at all committed the alleged offence. He submitted that all the materials collected by the investigating officer during investigation will not make out prima case against the petitioner for the alleged offence under Section 302 IPC. He submitted that by imposing reasonable conditions, the petitioner may be admitted to bail.