Karnataka High Court
Shri Annappa S/O Appasab Kichadi vs The State Of Karnataka on 5 December, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 103358 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103358 OF 2022
BETWEEN:
SHRI ANNAPPA S/O APPASAB KICHADI
AGE. 65 YEARS, OCC. AGRICULTURAL
R/O. MUGALKOD VILLAGE
TQ. RAIBAG, DIST. BELAGAVI-591235
...PETITIONER
(BY SRI. R S GUDODAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH HARUGERI P.S
REPRESENTED BY HCGP
HIGH COURT OF DHARWAD
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO THE BENEFIT PROVIDED U/S 439 OF CR.P.C. MAY BE
ORDERED TO BE RELEASED ON BAIL IN HARUGERI P.S. CRIME
NO.32/2019 (SESSION CASE NO.237/2019) OFFENCE
PUNISHABLE U/S 302, 498(A) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 103358 of 2022
ORDER
This second successive petition is filed by the sole accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.32/2019 of Harugeri Police Station registered for the offences punishable under Sections 498A and 302 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Sri.Jinnappa s/o Allappa Gawali, resident of Shiraguppi, has filed a complaint stating that the deceased-Kallavva @ Kalawati Annappa Kichadi is his elder sister and the petitioner/accused is the husband of deceased Kallavva. Their marriage was celebrated 20 years ago. It is alleged that since two years, the petitioner was giving physical and mental ill-treatment to Kalavathi suspecting her fidelity and on 07.03.2019 at about 10.00 pm he has -3- CRL.P No. 103358 of 2022 assaulted his wife on her face, back and limbs with an axe in his thatched hut put up in the land bearing Sy.No.112/1B of Mugalkhod village, with an intention to cause her death and as a result she succumbed to the said injuries on 11.03.2019 at 11.00 pm in the Civil Hospital, Miraj. The said complaint came to be registered in Harugeri PS Crime No.32/2019 for the offences punishable under Sections 498A and 307 of IPC. Subsequent to the death of Kallavva, Section 302 of IPC has been inserted. The Investigating Officer has completed the investigation and filed charge sheet against the petitioner for offences punishable under Sections 498A and 302 of IPC and the case is pending in S.C. No.237/2019 before the Sessions Court. The petitioner has moved bail application before the Sessions Court and it came to be rejected. Earlier the petitioner had filed Criminal Petition No.100804/2020 seeking bail and the same came to be rejected by this Court by order dated 27.08.2020. -4- CRL.P No. 103358 of 2022
Thereafter the petitioner has filed Crl.Misc.No.761/2021 seeking bail and the same
came to be rejected by V Addl. District and Sessions Judge, Belagavi by order dated 09.08.2021. Thereafter, the petitioner filed first successive bail petition in Crl.P.No.102063/2021 before this court seeking bail and the same came to be rejected by order dated 26.11.2021. Thereafter, the petitioner filed Criminal Miscellaneous No.1100/2022 seeking bail and the same came to be rejected by the learned V Additional District and Sessions Judge, Belagavi by order dated 20.08.2022. Therefore, the petitioner is before this Court seeking bail.
2. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
3. The learned counsel for the petitioner would contend that, this is the second successive -5- CRL.P No. 103358 of 2022 bail petition filed by the petitioner/accused and this petition is filed only on the sole ground that the petitioner is suffering from paralysis attack and there is no proper medical facility for the petitioner at jail Hospital and at Government Hospital and the Doctor opined that the petitioner requires continuous follow-up treatment from Neurologist and the Neurologist opined that the petitioner is suffering from accelerated HTN with left sided Hemipareis with LL. With this, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader would contend that, on perusal of the medical records, the petitioner has been admitted to BIMS, Belagavi and he has been referred to Neurologist at KIMS and thereafter, the petitioner has been shifted to Central Prison, Dharwad for Neurologist consultation at Dharwad on 23.09.2022. Thereafter, the Doctor examined this petitioner and opined that his health condition is improved and prescribed some medicines. It is her further -6- CRL.P No. 103358 of 2022 submission that the petitioner does not require any special treatment which is not available with the Government Hospital. With this, she prayed to reject the petition.
5. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records and the medical document of the petitioner.
6. Twice this Court has rejected the bail petition of this petitioner considering the prima facie case, involvement of this petitioner and threat to the prosecution witnesses as two of the eyewitnesses are the children of this petitioner and the deceased. Trial has been commenced and two witnesses have been examined as submitted by the learned counsel for the petitioner. The petitioner has been admitted in BIMS, Belagavi, under the care of physician from 15.07.2022 to 21.07.2022 and he is diagnosed -7- CRL.P No. 103358 of 2022 accelerated HTN with CVA with left sided hempiraresis with UL LL and he has been referred to Neurophysician opinion at KIMS Hubballi. Thereafter, this petitioner was shifted to Central Prison, Dharwad to have a Neurologist consultation and treatment on 23.09.2022. This petitioner was sent back to the prison on 14.10.2022 after receiving treatment form Neurologist at KIMS Hubballi. The petitioner has been advised some medicines and physiotherapy and it is stated that his health condition is improved. The petitioner has taken treatment in Government Hospital and he has also been admitted to BIMS Belagavi and KIMs Hubballi. There is no opinion of the D octor that this petitioner requires any specialized treatment which is not available in the said hospitals. Two of the eyewitnesses, who are cited as CWs.12 and 13, are the children of this petitioner and the deceased. If the petitioner is granted bail, there is threat to the eyewitnesses and other prosecution witnesses. As -8- CRL.P No. 103358 of 2022 investigation is in progress, the petitioner is not entitled for grant of bail.
Accordingly, the criminal petition is dismissed. The trial court is directed to complete the trial within a period of six months from the date of a receipt or production of the certified copy of this order.
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JUDGE kmv