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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL PETITION NO.8712 OF 2021

BETWEEN

MANIKANTA R P

S/O PALANISWAMY

AGED ABOUT 29 YEARS

R/AT DHANALAKSHMAMMA HOUSE

4^TH CROSS, PIPELINE ROAD

KEMPEGOWDA NAGARA

MAGADI ROAD

BANGAORE-560 091

NATIVE PLACE -RAJENDRAPURA

D HOSAHALLI PANCHAYATH

HULIYURUDURGA HOBLI

KUNIGAL TALUK

TUMKUR DISTRICT-572 170.

... PETITIONER

(BY SRI NATARAJ D., ADVOCATE)

AND

THE STATE OF KARNATAKA

KAMAKSHIPALYA POLICE STATION

BENGALURU

REP BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560 001.

...RESPONDENT

(BY SRI MAHESH SHETTY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO

ENLARGE THE PETITIONER ON BAIL IN CRIME NO.365/2019

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(S.C.NO.289/2020 PENDING ON THE FILE OF LXVI ADDITIONAL

CITY CIVIL AND SESSIONS JUDGE, (CCH-67), BENGALURU)

REGISTERED

BY

KAMAKSHIPALYA

POLICE

STATION,

BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION

302 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner-accused under

Section 439 of Cr.P.C., for granting regular bail in Crime

No.365/2019 registered by Kamakshipalya Police Station,

Bengaluru for the offence punishable under Section 302 of

IPC.

2.

Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for

the respondent-State.

3.

The case of the prosecution is that the

complainant-Lakshmamma, who is the mother of the

deceased has filed a complaint to the Police on 15.10.2019

alleging that the accused is said to have committed murder

of her son Thimmegowda on 14.10.2019 at 11.45 p.m. in

front of bar when her son came out after consuming

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alcohol. After registering the case, the Police arrested this

petitioner on 16.10.2019 and remanded him to the judicial

custody. His bail petition came to be rejected by the Co-

ordinate Bench of this Court with liberty to file fresh

petition after examination of the eye-witnesses. The trial

has been commenced before the learned Sessions Judge.

The sole eye-witness was already been examined who

turned hostile as per the deposition dated 18.09.2021.

Hence, he is before this Court.

4.

Having heard the arguments and on perusal of

the records which reveals that the accused got married to

one Ramya three years prior to the incident and they both

have one child. Subsequently, the wife of the accused

developed intimacy with the deceased-Thimmegowda and

she eloped with him for 7 to 8 months. Subsequently, the

wife of the accused was found missing from 12.10.2019,

for that the deceased came to the house of the accused

asking his wife to send her along with him or otherwise to

send his sister. On that background, there was enmity

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between the accused and the deceased. On 14.10.2019,

the deceased said to have telephoned the accused, abused

him in filthy language and asked him to send his wife or to

send his sister. Then the deceased called the accused to

Venkateshwara Bar where he was and the accused went to

the said bar and committed murder of the deceased on the

ground that he has destroyed his life and eloped with his

wife. After registering the case, the Police arrested the

accused. Looking to the facts and circumstances of the

case, it cannot be said that the petitioner has committed

an offence amounting to murder as the petitioner was

provoked by the deceased with regard to eloping his wife

and the calling himself to send his wife along with him or

else to send his sister which act of the deceased provoked

the accused and he has assaulted and committed murder

of the deceased. The investigation is already been

completed and charge-sheet has been filed. The trial is

also begun. The sole eye-witness was examined as PW.2

who also turned hostile.