BALAKRISHNA PAI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER is accused in a criminal case bearing Crime No. 22/2013 of Chikkajala police station, Bengaluru for the offence punishable under Sections 302 and 201 of IPC. Now he is in judicial custody since 29.07.2015. Hence, he has filed this petition under Section 439 of Cr.P.C. seeking for release.

(2.) IT is the case of the prosecution that deceased Smt. Vijaya B. Pai was the wife of the complainant/accused. She was working in I.M.H.R. company situated at Electronic City as Secretary. As usual, on 12.12.2013, deceased left home to go to her office, but she did not return in the evening. She did not contact petitioner and daughter over telephone also. When they tried to contact, petitioner and his daughter were getting reply stating that, 'mobile phone was not reachable'. Petitioner and his daughter searched Vijapai, but they could not get any clue about her. Hence, at about 7.30 p.m., petitioner lodged complaint in Sanyanagar Police Station.

(3.) THEREAFTER , an application requesting to reopen the case was filed by the police to the jurisdictional Magistrate on 22.07.2015. Same was permitted by the said Court. It appears respondent police found some blood stains near the house of petitioner. They took scrap of blood stains for DNA test. They also enquired colleagues of the deceased and found that petitioner was harassing deceased and torturing her. Hence, the I.O. believed that petitioner murdered her and thrown the dead body in the said place. Thereafter, on 29.07.2015, respondent police arrested the petitioner and enquired him. Petitioner refused to answer questions of the police and not cooperated for interrogation. Hence, he was produced before the Court of JMFC, Devanahalli and he was remanded to juridical custody. From 29.07.2015, petitioner is in judicial custody.