Mahesha vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by sole accused under Section 483 of BNSS, praying to grant bail in Crime No.26/2023 of Chamarajnagar Rural Police Station pending in S.C.No.64/2023 on the file of Additional District and Sessions Judge, FTSC-I, Chamarajanagar registered for offences punishable under Section 498A, 302 of IPC.

Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

Learned counsel for petitioner would contend that the petitioner is in judicial custody since 20.03.2023. The father of the petitioner is aged 70 years and he is having health issues and heart ailment. The petitioner is the only son and he has to look after his adolescent two children. With these she prayed to allow of the petitioner.

Per contra, learned Additional SPP would contend that, CW2 and CW3 are eye witnesses to the incident. The death of the deceased has taken place in the room of the petitioner. The bed sheet, pillow cover, shirt were found blood stained. There is a recovery of machete at the instance of the petitioner and it is blood stained. The P.M. report indicates that cause of death is due to shock and hemorrhage due to multiple injuries sustained. The FSL report indicates that articles seized are blood stained. The trial is in progress. If at this stage petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With this she prayed to reject the petition.

Having heard the learned counsels, the Court has perused the FIR, complaint, charge sheet and other materials placed on record.

Deceased - Ratnamma is wife of this petitioner and their marriage has taken place about 14 years ago and out of marriage they had a son and a daughter. It is alleged in the charge sheet that the petitioner used to harass the deceased demanding dowry and used to assault her. On 20.03.2023 when petitioner was sleeping along with the deceased in the room and at that time CW2 and CW3 were sleeping in another room. At about 01.30 a.m., petitioner started quarreling with his wife demanding dowry and when the deceased abused, stating that he is not a man and he can earn money and abused him, the petitioner took a machete, assaulted on the neck of the deceased several times due to which she died. CW2 and CW3 are eyewitnesses to the incident. The death of the deceased has taken place in the house/room of the petitioner. The prosecution has already examined several witnesses and it has to examine remaining charge sheet witnesses. Considering the above aspect, there is a prima-facie case against the petitioner for the offences alleged against him. The offence alleged against him is punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of him remaining absconding and causing delay in trial.

Considering the above aspects, the petitioner has not made out any ground for grant of bail. In the result, the petition is dismissed.