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2017 DIGILAW 183 (KAR)

Doddayya Swamy S/o Late Pampayya Swamy v. State of Karnataka (Through SHO Turvihal Police Station)

2017-02-01

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioner/accused under Section 439 of Cr. P.C., seeking regular bail in Crime No.129/2016 of Turvihal Police Station, registered for the offences punishable under Sections 498-A, 504, 506 and 302 of IPC. 2. Brief facts leading to filing of the complaint are that, The marriage of the petitioner and the deceased-Eramma took place about 17 years prior to the date of alleged incident. Out of the said wedlock, they were having two children. The petitioner addicted to bad habits and used to ask money for his bad vices and he was suspecting fidelity of the deceased and used to harass her both physically and mentally. When that being the case, on 17.08.2016 at about 8.30. p.m., the petitioner came to the house and abused the deceased and thereafter, he tied the neck of the deceased with a rope which has been brought by him and thereafter, he has thrown her on the ground. Even though his daughter-Sharanamma came to the rescue of her mother, the petitioner threatened her at the point of knife and thereafter, tied the neck of the deceased with a rope by stating that ‘sayi munde’ and caused her death. On the basis of the complaint, a case has been registered against the petitioner. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that the alleged incident has taken place in a heat of the moment when there was quarrel between the deceased and the accused. He has further contended that the documents and evidence which have been produced would not indicate that the death is a homicidal death. The petitioner was not having any intention to cause the death of the deceased. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. The petitioner was not having any intention to cause the death of the deceased. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioner has come with preparation by carrying knife and rope and with an intention to cause the death of the deceased, he has tied the neck of the deceased with a rope and made her to fall on the ground and thereafter, caused her murder. As such, the petitioner was having intention to cause the death. The nature of accusations made against the petitioner clearly indicates that he has caused the death. He has further contended that the daughter is the eyewitness to the incident and she has also been threatened by the petitioner. The offences alleged against the petitioner are punishable with death or imprisonment for life and as such, the petitioner is not entitled to be released on bail. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and charge sheet material produced along with the petition. 7. Though the learned counsel for the petitioner has contended that the petitioner was not having any intention to cause the death of the deceased and the alleged incident has taken place abruptly in a heat of the moment when the quarrel took place between the petitioner and the deceased, all these things have to be appreciated only at the time of trial. The material would indicate that the petitioner has brought rope and tied to the neck of the deceased and caused death. Though his daughter came to rescue of her mother, he threatened her with knife and thereafter, again thrown the deceased on the ground and tied the neck of the deceased saying that ‘sayi munde’ which itself would indicate that he had intention to kill the deceased. Though his daughter came to rescue of her mother, he threatened her with knife and thereafter, again thrown the deceased on the ground and tied the neck of the deceased saying that ‘sayi munde’ which itself would indicate that he had intention to kill the deceased. In the above facts and circumstances of the case, it appears that there is prima-facie case against the petitioner and the offences alleged against the petitioner are punishable with death or imprisonment for life and as such, the petitioner is not entitled to be released on bail. Accordingly, the petition is dismissed. Since the petitioner is in custody, the Court below is directed to expedite the case.