NARAYANASWAMY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of the Code of Criminal Procedure, 1973 seeking to enlarge him on bail in Crime No.21/2017 of Haveri Town Police Station for the offences alleged under Sections 302 and 498A of Indian Penal Code.

(2.) The summary of the case of the prosecution is that on 02.03.2017 at 12'o clock in the afternoon, the complainant by name Miss Steffy gave a complaint to the respondent-police in the District Hospital at Haveri. The summary of the said complaint is that the father of the complainant, Shri Narayanaswamy (the petitioner herein) was a retired official of Hatti Gold Mine and he was addicted to consumption of liquor. By consuming liquor, everyday he used to abuse his wife and assault her. The complainant being the daughter of the present petitioner was aware of the said fact. The complainant was in fact employed. On the alleged date of incident, when the complainant left home to go to her office, her parents were at home. After reaching her office when the complainant telephoned her mother, there was no response from her mother. On suspicion, the complainant immediately rushed to the home where she saw her father leaving the home with stains of blood in his hands. The complainant saw her mother fallen on the floor in the house with bleeding injuries on several parts of her body including right chin, near right ear, occipital region near left eye etc., and she was struggling hard. The complainant also noticed a hammer and a scissors on the spot. Immediately, with the help of the neighbour, she shifted her mother in a autorickshaw to the hospital. However, the injured mother succumbed to the injuries on the way. The complainant specifically alleged that her father Narayanaswamy was regularly subjecting her mother to harassment and cruelty. As such, on the alleged date of incident also it was he who assaulted her mother with hammer and scissors causing her death. The complainant/police registered the said complaint against the present petitioner for the offence punishable under Section 302 IPC and after conducting investigation have filed charge-sheet against the petitioner for the offences punishable under Sections 498-A and 302 of IPC.

(3.) Learned counsel for the petitioner in his argument submitted that the contention of the complainant that she telephoned to her mother immediately after going to office is not convincing for the reason that within half-an-hour of she leaving her house, she claims to have called her mother. There is striking of a word in the complaint which also leads to suspicion. The alleged accusation that the complainant saw her father with blood stains on his hands is also unbelievable.