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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

CRIMINAL PETITION No.3703/2020

BETWEEN:

VENKATAGIRIYAPPA,
S/O. VENKATESHAPPA,
AGED ABOUT 39 YEARS,
R/AT, MALLASANDRA VILLAGE,
KURUDUMALLE POST,
MULUBAGILU TALUK,
KOLAR DISTRICT – 67 … PETITIONER

(BY SRI.PRADEEP K.C., ADVOCATE)

AND:

THE STATE BY KARNATAKA,

REP. BY K.R. PURAM POLICE STATION,
BENGALURU
REP. BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING
BENGALURU-560 001. … RESPONDENT

(BY SRI.V.S.VINAYAKA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.507/2019
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OF K.R. PURAM POLICE STATION, BENGALURU CITY FOR

THE OFFENCE P/U/S. 302 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:

ORDER

This matter is taken up through Video

Conference today.

2. Heard learned counsel Sri.Pratheep K.C.,

for petitioner through VC and Sri.V.S.Vinayaka,

learned HCGP for respondent who has appeared

before the Court.

3. The petition is filed under Section 439 of

Cr.P.C. wherein the petitioner seeks grant of bail in

Crime No. 507/2019, for the offences punishable

under section-302 of IPC, registered in K.R.Puram

Police Station, Bengaluru.

4. The substance of the case is as follows:

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The accused was residing with his wife/

deceased Shashikala at K.R.Puram, Bengaluru. That

the accused used to harass the deceased physically

and mentally everyday doubting her fidelity. That on

21.09.2019 at 2.00 a.m., the accused picked up

quarrel with the deceased and assaulted her. That the

accused with an intention to kill the deceased had

assaulted the deceased with empty LPG gas cylinder

on the head of the deceased, due to which she

sustained severe head injury and succumbed. Thereby

the accused has committed the offence punishable

under Section-302 of IPC.

5. It is submitted that the petitioner was in

living-in-relationship with the deceased Shashikala

and earlier married one Manjula. It is further

submitted that a false case has been registered

against the accused and he is in custody from

21.09.2019. But as per the charge-sheet the deceased

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Shashikala is the wife of accused and was residing in

Lurdu Nagara, K.R. Puram, Bengaluru, in the first floor

of the building belonging to CW-1.

6. The learned Public Prosecutor appearing for

the respondent-State opposes the grant of bail.

7. It is submitted that the petitioner was in

living-in-relationship with the deceased and his wife

was one Manjula. But the final report indicates that

the deceased is the wife of the petitioner and he was

suspecting her loyalty and was quarreling with her

now and then. On 21.09.2019 in the wee hours @

2.00 a.m., the accused with suspicion and enmity

dropped an empty LPG gas cylinder on her head.

Because of which she died on the spot.

8. The learned counsel for the petitioner

submits that the petitioner has not committed the

offence. The investigation is completed and charge-

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sheet is filed. The petitioner is working as an

attendant in the Church. Under these circumstances,

no criminal background is attributed to the petitioner.

The petitioner is stated to be in Judicial Custody from

21.09.2019 till date. The learned Counsel submits

that this is the first application filed seeking bail. The

petitioner is stated to be from a lower income group.

Investigation is completed and charge-sheet is filed.

9. Considering the facts and circumstances of

the case and the present situation of COVID-19, I am

of the view that if the petitioner is granted bail no

prejudice will be caused to the prosecution. The

apprehension of the prosecution could be resolved by

imposing suitable conditions.

10. Hence, the criminal petition is allowed.

Petitioner is granted bail in Crime No.507/2019

registered by respondent police for the offences

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punishable under Section 302 PC subject to the

following conditions:

i) The petitioner-accused shall execute a

personal bond for Rs.2,00,000/- with a surety
of a person possessing immovable properties
for the likesum.

ii) The petitioner-accused shall not terrorize the

witnesses or tamper with the prosecution
witnesses in any manner.

iii) The petitioner shall not leave Karnataka

without the permission of the Trial Court till
the disposal of the case.

iv) The petitioner-accused shall mark his

attendance before the Investigating Officer on
the 1st of every month between 8.00 a.m. and
9.00 a.m. until further orders.

v) The petitioner-accused shall not come into

contact with any of the prosecution witnesses.

vi) The petitioner shall undergo medical check-up

in the light of pandemic COVID-19,
immediately upon his release on bail, by a
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medical officer and quarantine himself

exclusively in his house for a period of 14
days from the date of release unless he is
required for hospitalization to prevent further
complications.

Sd/-
JUDGE

JJ