Karnataka High Court
Nandisha vs The State By Thyamagondlu Police on 21 August, 2013
Author: N.Ananda
Bench: N.Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 21ST DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
CRIMINAL PETITION No.4942/2013
BETWEEN:
NANDISHA
S/O LATE CHANDRASHEKAR
AGED ABOUT 24 YEARS
MECHANIC, APE SHOWROOM, R/O NO.60 LIG
NEAR SHANIMAHATMA SWAMY TEMPLE
HOUSING BOARD, SIRA GATE
TUMKUR, TUMKUR DISTRICT-562101. ... PETITIONER
(BY SRI N.R.KRISHNAPPA, ADVOCATE)
AND:
THE STATE BY THYAMAGONDLU POLICE
BANGALORE RURAL DISTRICT
REP. BY SPP, HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BANGALORE 560001. ... RESPONDENT
(BY SRI VIJAYKUMAR MAJAGE, HCGP)
THIS PETITION IS FILED UNDER SECTION 439 CR.P.C.,
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.106/2012 (S.C.NO.20/2013) OF THYAMAGONDLU POLICE
STATION, BANGALORE DISTRICT & ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
2
ORDER
The petitioner is alleged to have killed his female child by administering poison in the guise of feeding milk. These facts are apparent from the contents of first information lodged by the wife of petitioner.
2. Heard the learned counsel for petitioner & learned HCGP for State.
3. Even when the wife of petitioner was carrying pregnancy, petitioner was asking his wife to give birth to a male child. Contrary to his expectations, his wife gave birth to a female child. The petitioner did not visit the house of his parents-in-law to see his wife and the female child for a period of 20 days. On the fateful day i.e., on 19.08.2012 at about 9.30 a.m., petitioner visited the house of his parents- in-law on the pretext of seeing his wife and his child. The intention of petitioner was to administer poison to his female child and his wife. The petitioner was successful in making the child to consume goat's milk, into which poison was 3 mixed. The petitioner left the place (house of his parents-in- law) immediately after the child consumed goat's milk into which poison was mixed. The wife of petitioner took the child to hospital, but child could not be saved. The innocent female child, which was hardly aged about 20 days died of asphyxia due to poisoning.
4. The post-mortem examination report would reveal that death of female child was due to asphyxia. The Forensic Science Laboratory report reveals that stomach contents of child contained Methyl Parathion (Organo Phosphorus insecticide). There is prima facie material against petitioner to hold that he is guilty of infanticide. The petitioner had killed his own child by administering poison, because the child was a female. The investigation records accepted at their face value would prima facie demonstrate that the acts committed by petitioner are inhumane, brutal and cruel acts of their kind. There is prima facie case against petitioner. 4
5. Therefore, petitioner cannot be released on bail. The petition is dismissed.
Sd/-
JUDGE SNN