SANNARANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a successive bail petition filed by the petitioner- accused no.1, namely, Sannarangappa, seeking to enlarge him on bail in S.C. No. 82/2016 pending on the file of the Prl. Dist. & Sessions Judge, Gadag, for the offences punishable u/S 302, 143, 147, 498-A r/w Sec. 149 of IPC in Gadag Town Police Station Crime No. 92/2016. The petitioner-accused No.1 is in judicial custody since from the date of his arrest. Therefore, the counsel is seeking for regular bail among the grounds urged therein and even on the ground that the prosecution has examined several witnesses as cited in the charge sheet. Subsequent to closure of the evidence of the prosecution the case has been set down for recording the statement of the accused u/S 313 of Cr.P.C . Subsequent to recording the statement of the accused u/S 313 of Cr.P.C ., the accused has let in defence evidence as contemplated u/S 233 of Cr.P.C . Despite of it, the counsel for the accused is pressing into consideration of the successive bail petition on the ground that the deceased had given birth to three children and those children are very much required to be lookedafter by their father, who is the petitioner-accused no.1.

(2.) Learned counsel for the petitioner has taken me through the materials which are relating to committing the alleged offences by the accused but the accused and the deceased were not in cordial terms. Even though she has given birth to three children but after lapse of several years that this incident was taken place as narrated in the complaint. The accused has committed murder of the deceased. The same has been narrated in the charge sheet laid by the Investigating Officer but the case has been set down for the defence evidence but in the change of circumstance for seeking regular bail even the accused has filed the successive bail petition.

(3.) Lastly, the learned counsel for the petitioner is submitting that one lady by name Laxmi @ Rekha, is alleged to have illicit relationship with the petitioner. The deceased Manjula who had left the company of this accused and she was living in her parents house. Therefore, extending physical as well as mental harassment, does not arise and chances of committing murder by the petitioner herein is very remote as there are no eyewitnesses to the alleged incident but the entire case revolves around the circumstantial evidence, that too, the evidence of C.W.14-Venkatesh, who has subjected to examine as this accused who has deep roots in the Society and also having respect in the eye of the Society and moreover the accused has been implicated in the alleged crime which is to give harassment to him. The accused is ready to abide by any terms and conditions to be imposed by this Court while granting bail to him. These are all the contentions as taken by the learned counsel for the petitioner and seeking for regular bail.