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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION No.200836/2021

BETWEEN:

Mr. Vilsan S/o. Anil

Age: 20 years, Occ: Labour

Labour Colony, Bidar

Dist: Bidar

… Petitioner

(By Sri M. R. Balakrishna, Advocate)

AND:

The State of Karnataka

By New Town Police Station

Bidar - 585401

Represented by the Additional

State Public Prosecutor, High Court

of Karnataka, Kalaburagi Bench

… Respondent

(By Sri Sharanabasappa M. Patil, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to release the petitioner on bail in Crime

No.133/2020 of New Town police station registered by the

respondent police now pending on the file of II Addl.

Senior Civil Judge and JMFC, Bidar in C.C.No.158/2021 for

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the alleged offence punishable under Section 302 of IPC

pending trial.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

The petitioner has filed this petition under

Section 439 of Cr.P.C. for admitting him on regular

bail

in

Bidar

New

Town

police

station

Crime

No.133/2020, registered for the offence punishable

under Section 302 of IPC, which is pending on the file

of II Additional Senior Civil Judge and JMFC, Bidar in

C.C.No.158/2021.

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The factual matrix leading to this case are

that the complainant is the wife of the deceased -

Elsen and their marriage was solemnized two years

prior to lodging of the complaint. Out of the said

wedlock, they had a daughter of two years and the

deceased was addicted to liquor and regularly used to

quarrel with his wife i.e., complainant. Therefore, the

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complainant, three months prior to death of her

husband i.e., deceased has deserted him and started

staying in her parental house at Jojana village. On

01.12.2020,

morning

at

9.30,

the

complainant

received a message that her husband was murdered

by some unknown person near Janawada water tank

and immediately, she went to the hospital and

identified the dead body of her husband and lodged a

complaint stating that her husband was murdered by

unknown person in the night of 30.11.2020 by setting

the law in motion. Thereafter, the investigating officer

undertook the investigation and during the course of

investigation, he found that the deceased has

quarreled with the present petitioner on that night in

Sai Wine Shop, wherein, CW.17 – Shivu Reddy was

working as a manager and CW.17 has pacified the

quarrel. The CC TV footage also discloses that the

deceased and accused quarreled for a petty reason in

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the wine shop and thereafter, the petitioner has

followed the deceased. On the basis of this

information, the investigating officer has collected the

CC TV footage of the wine shop which, clearly shows

the quarrel between the deceased the present

petitioner and later on, he apprehended the present

petitioner. Then he was interrogated, bloodstained

clothes belonging to the petitioner were recovered and

the investigating officer found that there is sufficient

material in the form last scene theory and recovery is

at the instance of the present petitioner and hence, on

the basis of the circumstantial evidence, he submitted

the charge sheet against the present petitioner.

3.

During the crime stage, the petitioner has

moved regular bail petition, which was rejected by the

learned Sessions Judge and after submission of the

charge sheet, he has filed a bail petition before the

learned Sessions Judge and same was again rejected

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by order dated 24.05.2021. Hence, the petitioner has

approached this Court.

4.

The learned counsel for the petitioner

contended that the entire case of the prosecution is

based on the circumstantial evidence and last scene

theory, which is a weak kind of evidence. He further

contended that the prosecution is relying on CC TV

footage and statement of CW.17, which simply