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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 13^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101195 OF 2021

BETWEEN

HANAMANT S/O MALLAPPA NAIK

AGE 42 YEARS, OCC: AGRICULTURE,

R/O. METGUD 587313,

TQ MUDHOL, DIST. BAGALKOT.

...PETITIONER

(BY SRI.PRASHANT S KADADEVAR, ADV.)

AND

THE STATE OF KARNATAKA

REP. BY SPP,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH AT DHARWAD,

THROUGH ITS LOKAPUR PS

…RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C.,

PRAYING

TO

RELEASE

THE

PETITIONER

(ACCUSED) ON BAIL IN LOKAPUR POLICE STATION

CRIME NO.06/2021 FOR THE OFFENCES PUNISHABLE

UNDER SECTION 323, 302 OF IPC NOW PENDING

BEFORE

THE

COURT

OF

I

ADDL.

DISTRICT

AND

SESSIONS

JUDGE,

BAGALKOT,

SITTING

AT

JAMAKHNADI IN S.C.NO.5013/2021.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by sole accused under

Section 439 of The Code of Criminal Procedure, 1973

(hereinafter referred to as the ‘Cr.P.C.’, for brevity)

seeking bail in Crime No.06/2021 (pending in SC

No.5013/2021 on the file of Prl. District and Sessions

Judge, Bagalkot, sitting at Bagalkote) of Lokapur

Police Station for the offences punishable under

Section 302 and 323 of The Indian Penal Code

(hereinafter referred to as the ‘IPC’, for brevity).

2.

The case of the prosecution is that one

Govindappa s/o Venkappa Kajjidoni has lodged a

complaint stating that he is residing in Sonna village

of Bilagi taluka and now he is residing at Kontikalla

village along with his family and his father late

Venkappa had 4 children including deceased Shobha.

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The

deceased

Shobha

was

married

to

petitioner/accused Hanumappa of Metgud village of

Mudhol taluka and both have two children namely

Venkatesh and Aishwarya. It is further stated that

petitioner/accused is basically drunkard and doesn’t

work at farm and he has two brothers namely

Ningappa and Shrikant and they all living together.

The petitioner/accused is residing at farm house along

with his wife Shobha. It is further stated that his

daughter Aishwaya staying with Govindappa and his

son Venkatesh is staying with his uncles Ningappa and

Shrikant. It is further stated that petitioner/accused

is misbehaving and harassing his wife Shobha and for

that reason elders of the village and complainant and

their mother went to Metgud village and advised the

petitioner/accused and for some days he was silent

and later started to harass his wife deceased Shobha.

It is further stated that on 23.01.2021 at 6 a.m.

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complainant/Govindappa received information from

his uncle Nagappa that his sister Shobha has been

killed by her husband/petitioner after suspecting her

character on 22.01.2021. It is further stated that

petitioner/accused attacked the deceased with koyta

with an intention to kill her in their farm house. The

complainant went along with mother and other

villagers and saw his sister fell down in blood with

marks on her face, neck and all over the body and he

came to know that petitioner/accused killed his wife

Shobha suspecting her character. The said complaint

came to be registered in Crime No.06/2021 of Lokapur

Police Station for the aforesaid offences. The

petitioner came to be arrested on 24.01.2021 and he

is remanded to judicial custody. Thereafter, charge

sheet has been filed against the petitioner for the

offence punishable under Sections 323 and 302 of

IPC. The Petitioner/accused has filed bail application

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in SC No.5012/2021 and the same came to be

rejected by I Addl. District and Sessions Judge,

Bagalkot, sitting at Jamakhandi by order dated

07.06.2021. Therefore, the petitioner/accused is

before this Court seeking bail.

3.

Heard the learned counsel appearing for

the petitioner and the learned High