Karnataka High Court
Yamanappa S/O. Muttappa Chalavadi vs The State Of Karnataka on 12 June, 2013
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 12 T H DAY OF JUNE 2013
BEFORE
THE HON'BLE MR.JUSTICE A.S.PACHHAPURE
CRIMINAL PETI TION No.10667/2013
BETWEEN
YAMANAPPA
S/O. MUTTAPPA CHALAVADI @ HARIJAN
AGE: 32 YEARS, OCC:AGRICULTURE
R/O. YADAHALLI, NOW AT HALAGALI,
TQ:MUDHOL, DIST: BAGALKOT
..... PETITIONER
(BY SRI SRINIVAS B NAIK & SRI V.G.BHAT, ADVS.)
AND
THE STATE OF KARNATAKA
R/BY SPL. PPH.C.C.B DHARWAD
..... RESPONDENT
(BY SRI V.M. BANAKAR, ADDL. SPP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN
MUDHOL P.S. CRIME NO.204/2012 WHICH IS NOW
REGISTERED AS C.C.NO.168/2013 IN THE COURT OF
JMFC, MUDHOL, REGISTERED FOR OFFENCES P/U/S 302
OF IPC.
2
THIS CRIMINAL PETI TION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner has approached this Court for regular bail having been arrested for the offences punishable under Section 302 & 498(A) of IPC.
2. The facts reveal that the petitioner is the husband of Yashodha (the deceased) and she married the petitioner 9 years prior to the incident. Out of the wedlock, they had 4 children. The petitioner was suspecting the fidelity of his wife. In this regard, there was a quarrel and the deceased was subjected to cruelty and harassment. The facts reveal that on 18.11.2012, the petitioner is said to have taken his wife in the sugarcane crop and assaulted her with the axe and caused her death on the spot. Later a complaint came to be filed by the father of the deceased alleging that the petitioner has caused her death. During the course of the 3 investigation, the police have recorded the statement of witnesses and CW-10 Laxmavva is the eyewitness who is none else than the daughter of the deceased and the petitioner. It is in this context, the petitioner has approached this Court for grant of bail.
3. Perusal of the material placed on record reveals that the axe recovered at the instance of the deceased is the prima facie material for the offence punishable under Section 302 of IPC. That apart, CW-10 Laxmavva is the daughter of the petitioner and the deceased and there is every chance, in case if petitioner released on bail, he may influence his daughter, who is sole eyewitness to the incident. In that view of the matter, in my opinion, no grounds are made out to exercise the discretion for grant of bail. In the result, the petition is dismissed.
Sd/-
JUDGE Naa