The main legal point established in the judgment is the consideration of the nature of the assault, the intention of the accused, and the completion of investigation and charge sheet filing in granting bail to the accused.

JUDGMENT

Shivashankar Amarannavar, J. - This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.112/2019(S.C.No.80/2019 on the file of II Addl. District and Sessions Judge, Ballari) of Sirigere Police Station registered for the offence punishable under Section 302 and 504 of IPC.

2. The case of the prosecution is that one Ranganna of Karur village has filed complaint alleging that his deceased daughter Thippamma was given in marriage with the accused about 15 years back, due to wed lock two children born to them and they lived happily for years. It is further alleged that the accused used to quarrel on the ground that she does not work properly, and he had raised loan of two to three lakhs and asking his wife to clear the loan amount and used to assault whenever he was drunk. It is alleged that the deceased and the accused decided to earn the money to clear the loan and that they went to Bengaluru by leaving the children with the complainant about three months prior to the incident. It is alleged that recently they have returned to the village and complainant went to the house along with the children. After some days the deceased informed the complainant that the accused used to beat her when he was drunk. It is further alleged that on 08.09.2019, the complainant was in the hospital as his second daughter was delivered and at about 9 p.m. one Gadilinga telephonically informed that his deceased daughter was assaulted by the accused and that they are coming to Ballari for the sake of treatment, again at about 10.30. p.m. he again called and informed that his daughter died on the way to the hospital and that they are taking her back to the village, as the complainant since was in the hospital did not visited the village on that day. Complainant went to the village on the next day and saw the dead body of his daughter lying infront of the house of the accused and noticed contusion injuries on her back, shoulder, left trunk and elbows. The complainant made enquiries with neighbors namely Kalinga, Raja, Mukappa and Chippigal Govindappa and they informed that on 08.09.2019 at about 8 p.m. the deceased returned from the coolie work and the accused questioned as to why she came late, abused her and thereafter he assaulted with the stick on her back and face, further he pushed her to the wall and that the deceased fell to the ground unconsciously and that they immediately tried to shift her to the hospital at Ballari but on the way to the hospital she died. The complaint came to be registered in Crime No.112/2019 of Sirigere Police Station for the offence punishable under sections 323, 324, 302 and 504 of IPC. After completion of investigation, Investigating Officer filed charge sheet for the offence punishable under Sections 302 and 504 of IPC. The petitioner was arrested on 10.09.2019. After committal of the case, it is pending in SC No.80/2019 before the II Addl. District and Sessions Judge, Ballari. The bail application filed by the petitioner was rejected on 31.07.2020. Therefore, the petitioner-accused is before this Court seeking bail.

3. Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State.

4. It is the contention of the learned counsel for the petitioner-accused that the marriage of the petitioner and the deceased- was taken place about 15 years ago, due to the wed lock two children were born to them and they lived happily for years. Further, it is his submission that the petitioner-accused alleged to have been assaulted with Mudde stick used in kitchen on her shoulder and left side of the stomach and pushed her and the same goes to show that there is no intention on the part of the petitioner-accused to kill his wife. It is his further submission that there were no blood stains on the spot. It is his further submission that accused also went along with Gadilinga in his car taking injured Thippamma to hospital and the very act shows that he had