JAGADEESH v. STATE BY METAGALLI POLICE

(BY SRI.CHANNAPPA EERAPPA, HCGP) …PETITIONER …RESPONDENT ENLARGE THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED UNDER SECTION 483 BNNS) CR.P.C PRAYING TO IN S.C.NO.125/2024 ON THE FILE OF V ADDL.SESSIONS JUDGE AT MYSORE, AIRSING OUT OF CR.NO.5/2024 OF METAGAHALLI POLICE MYSORE FOR THE OFFENCE P/U/S 302, 498(A) R/W 34 OF IPC BY ALLOWING THIS PETITION. PETITIONER ON BAIL THE THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY PRAJWAL A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024 ORAL ORDER Accused No.1 in S.C.No.125/2024 pending before the Court of V Additional Sessions Judge, Mysuru, arising out of Crime No.5/2024 registered by Metagalli Police Station, Mysuru City, for the offences punishable under Sections 302, 304B and 498A read with Section 34 of IPC, 1860, is before this Court under Section 439 of Cr.P.C., seeking regular bail.

2. Heard the learned counsel for the parties.

3. F.I.R. in Crime No.5/2024 was registered by Metagalli Police Station, Mysuru City, for the aforesaid offences against the petitioner herein and others on the basis of the first information dated 23.01.2024 received from one Mahadeva, who is the father of deceased Anusha.

4. During the course of investigation of the case, the petitioner herein was arrested on 24.01.2024 and subsequently remanded judicial custody. Investigation is complete and the charge sheet has - 3 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024 been filed against the petitioner and others for the aforesaid offences.

5. The bail application filed by the petitioner in S.C.No.125/2024 before the jurisdictional Sessions Court was rejected on 31.08.2024. Therefore, he is before this Court.

6. Learned counsel for the petitioner submits that since the petitioner was suspecting that the deceased had illicit relationship, it appears that on the date of alleged incident, he had quarreled with the deceased and assaulted her. The petitioner has no criminal antecedents. He is in judicial custody from

24.01.2024. Investigation in the case is complete and the charge sheet has been filed against the petitioner and others for the aforesaid offences. Therefore, he prays to allow the petition.

7. Per contra, learned HCGP submits that the deceased has suffered 15 injuries on her body and the postmortem report reveals that death is due to - 4 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024 asphyxia as a result of ligature strangulation. Accordingly, he prays to dismiss the bail petition.

8. Perusal of the material on record would go to show that the marriage of the petitioner with the deceased Anusha was solemnized in the year 2018. However, the couple had no children from their wedlock. In the first information, it is alleged that the petitioner was looking after his wife properly initially after marriage, subsequently, he got addicted to alcohol and thereafter he was abusing and assaulting his wife.

9. The allegation made in the charge sheet against the petitioner is that, on 22.01.2024, he along with other accused persons quarreled with the deceased for the reason that she had an illicit relationship with somebody and allegedly assaulted her with club and thereafter had strangulated her neck with a plastic rope and committed her murder. - 5 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024

10. Case of the prosecution is based on circumstantial evidence. The petitioner, who has no criminal antecedents, is in custody since 24.01.2024. In the charge sheet, it is alleged that the petitioner had suspected that his wife had illicit relationship with somebody and therefore, he had quarreled with her on

22.01.2024. During the course of investigation of the case, Police have recorded the statement of CW-7, who has stated that he got acquainted with the deceased recently and she had given him her phone number and he used to talk to her over mobile phone and he used to come near her house. It appears that the quarrel between husband and wife was for the reason that the deceased was talking to CW-7 over phone.

11. Be that as it may, the case of the prosecution is based on circumstantial evidence. The petitioner has no other criminal antecedents and he is in custody from 24.01.2024. Trial in the case is yet to commence and the prosecution has in all cited 40 charge sheet witnesses in the present case. Therefore, - 6 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024 chances of completion of trial in the near future is very remote. Considering the above aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

12. Accordingly, the following: ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.5/2024 registered by Metagalli Police Station, Mysuru City, for the offences punishable under Sections 302, 304B and 498A read with Section 34 of IPC, 1860, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; - 7 - NC: 2024:KHC:49640 CRL.P No. 11823 of 2024 c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE KNM List No.: 1 Sl No.: 31