An accused is not entitled to regular bail if the charge-sheet materials reveal all ingredients to attract the offence punishable under Section 302 of IPC.

Heard Sri Shivanand V.Pattanashetti, learned counsel

for the petitioner and the learned High Court Government

Pleader for respondent/State.

2.

The present petition is filed under Section 439

of Cr.P.C., seeking grant of regular bail.

3.

Brief facts of the case are as under:

Upon the complaint lodged by one Mallamma W/o

Annappa Torvi, resident of Takli, Chadachan Taluk,

Vijayapur District, police registered a case in Crime

No.102/2019 on 03.10.2019 for the offence punishable

under Section 302 of IPC. After thorough investigation

charge-sheet is also filed against accused/petitioner for the

offence punishable under Section 302 of IPC. In the

complaint, it is contended that the accused was in the

habit of consuming alcohol daily and despite repeated

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advise the accused did not heed to the advise of the elders

and parents and assaulted the complainant's husband with

axe on 02.10.2019 at about 7.30 p.m. whereby Annappa

Torvi sustained fatal injuries and succumbed to the

injuries.

4.

The accused/petitioner sought for grant of bail

in Crl.Misc.No.983/2021 before the Sessions Court. The

learned II Addl. District Judge, Vijayapur by order dated

17.09.2021 rejected the bail application noting that the

offence alleged against the accused if stands proved, the

accused would be liable for capital punishment or atleast

life imprisonment and therefore no case is made out.

Thereafterwords, the accused has filed this present petition

before this Court for grant of bail.

5.

Learned

counsel

for

petitioner

Sri Shivanand V.Pattanshetti contended that the accused is

innocent of the offence as alleged against him and police

have deliberately at the instance of the ill wishers of the

petitioner created and implanted a false eyewitness in the

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case so as to deny the bail to the petitioner. He also

contended that the facts and circumstances of the case

reveal that no case is made out to prima facie attract the

offence of murder and at best the case could fall on one

under Section 304(2) of IPC as there was a sudden

provocation and incident occurred at the spur of the

moment and the gravity of the offence has been lower

down of considerable extent and sought for grant of bail.

6.

Per contra learned High Court Government

Pleader opposed the bail petition contending that the

charge-sheet materials reveal all ingredients to attract the

offence punishable under Section 302 of IPC and sought

for rejection of the petition.

7.

This Court perused the material on record. The

complainant is the wife of the deceased. The incident has

occurred in the house at 7.30 p.m.

8.

Whether at all the action attributable to the

petitioner would fall under Section 304(2) of IPC cannot be

decided at this stage as is rightly contended by the learned

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High Court Government Pleader. Therefore, the contention

urged on behalf of the petitioner that the gravity of the

offence is lowered down to a considerable extent as the

incident has occurred at the spur of moment cannot be

countenanced by this court at this juncture.

9.

Suffice to say that the materials available on

record at this stage would reveal that the accused is guilty

of the offence punishable under Section 302 of IPC as per

charge-sheet materials.

10.

Further, this Court at this stage cannot hold a

mini trial to find out the merits or demerits of the case as

same may be prejudiced to the parties during the trial.

11.

The matter is pending before the Sessions

Court and if the Sessions Court is directed to expedite the

trial the ends of justice would be met.

12.

With this observation, this Court passes the

following :

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ORDER

Petition is devoid of merits and hereby dismissed.

However, the trial court bestow to its attention to

expedite the trial.

Sd/-

JUDGE

sn