Bheemanagouda vs The State on 22 March, 2018

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Karnataka High Court

Bheemanagouda vs The State on 22 March, 2018

Bench: S.N.Satyanarayana

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 22ND DAY OF MARCH, 2018

                            BEFORE

       THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

           CRIMINAL PETITION No.200088/2018

Between:

Bheemanagouda
S/o Hanumagouda Malipatil
Age: 30 years, Occ: Agriculture
R/o Village Halagera, Tq: Shorapur
Dist: Yadagir - 585 224
                                               ... Petitioner

(By Sri Nandkishore Boob, Advocate)

And:

The State through Shorapur
Police Station, Now represented
By Addl. SPP HCKB
at Kalaburagi - 585 103

                                             ... Respondent

(By Sri P.S. Patil, HCGP)

       This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to release the petitioner on bail in Crime
No.255/2016 of Shorapur Police Station, for the offences
Punishable Under Sections 302, 201 of IPC, pending before
the JMFC at Shorapur.
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      This petition is coming on for Orders this day, the
Court made the following:-

                              ORDER

The first accused in Crime No.255/2016, registered with Shorapur Police, within the jurisdiction of JMFC, Shorapur has come up in this petition seeking his enlargement on bail.

2. The offences alleged against the petitioner herein are under Section 506, 34 and 366 of IPC initially when the complaint in Crime No.255/2016 was registered at the instance of one Nagappa S/o Hanmanta Madar. The complaint indicated that his sister Kusma has gone missing. According to him in the year 2013, the petitioner- Bheemanagouda who is son of Hanumgouda Malipatil and his brothers are responsible for missing of his sister for the reason that petitioner herein was assuring complainant's sister Kusma that he will get married to her and had established relationship with her. In that background, complainant apprehended that the petitioner herein and his 3 brothers might have kidnapped her. Subsequently, the prosecution has found the dead body of Kusma and thereafter they have also included other offences, namely, offences punishable under Sections 201 and 302 of IPC against the petitioner and others and charge sheet has also been filed by the police in that behalf. The said charge sheet is awaiting committal to the jurisdictional Sessions Court. In the meanwhile, present petition is filed by first accused seeking his enlargement on bail.

3. It is also necessary to place on record that earlier the very same person has moved the Sessions Court for bail in Crl.Misc.No.765/2017, which is dismissed by order dated 04.12.2017. On going through the same, it is seen that there appears to be a confession on the part of the petitioner herein in doing away the life of Kusma since she was pestering by him to get married to him. The reason for murder is that, Kusma is the daughter of a Devdasi and further deceased and her mother were working as coolies in the house of the petitioner's family and they were also working in their land. In this background, the pestering of 4 deceased Kusma is said to have resulted in the petitioner committing her murder.

4. In the aforesaid factual situation, this Court is of the opinion that subsequent to the order of rejection of bail passed by Sessions Court in Crl.Misc.No.765/2017, there is no substantial change in the factual position, which calls for re-considering the prayer of petitioner to enlarge him on bail. Accordingly, this petition is dismissed reiterating the reason given in Crl.Misc.No.765/2017.

Sd/-

JUDGE BL Ct: RRJ

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