1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101223 OF 2021

BETWEEN

NINGAPPA

S/O BHIMAPPA KESHAPPANAVAR

AGE ABOUT 30 YEARS, OCC: HAMALI,

R/O PARASAPUR VILLAGE,

TQ HUBBALLI,DIST DHARWAD.

...PETITIONER

(BY SRI.SANDEEP K PHATKURE, ADV.)

AND

THE STATE OF KARNATAKA

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH AT DHARWAD,

THROUGH RURAL POLICE STATION,

HUBBALLI.

…RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., PRAYING TO PASS AN ORDER DIRECTING THE

PETITIONER TO BE ENLARGED ON BAIL IN C.C.NO.575

OF 2020 PENDING ON THE FILE OF THE JMFC-II

COURT,

HUBBALLI

FOR

THE

ALLEGED

OFFENCES

PUNISHABLE U/S 302 OF THE INDIAN PENAL CODE,

REGISTERED BY THE HUBLI RURAL POLICE STATION,

HUBBALLI.

2

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.143/2020 of Hubballi Rural

Police Station for the offences punishable under

Section 302 of The Indian Penal Code (hereinafter

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

2.

The case of the prosecution is that on

14.08.2020 between 6.30 am. To 7 a.m. on Parasapur

Budangudda Forest road, the petitioner accused being

the husband of deceased Vidya strangulated her with

towel and caused death. The petitioner/accused

married Vidya, the daughter of Mahadevi @ Shekavva

(Complainant).

It

is

further

stated

that

the

petitioner/accused developed extra marital relation

3

with some woman and his wife deceased Vidya raised

objection. Therefore, the petitioner/accused took the

Vidya on his bike to the village Parasapur Budangudda

on the ground of getting medicine in Emmetti village

and on the way he strangulated her with towel and

caused her death. The complaint came to be

registered in Crime No.143/2020 of Hubballi Rural

Police Station for the offence punishable under Section

302 of IPC. The petitioner came to be arrested on

14.08.2020. The petitioner filed Crl.Misc.No.440/2021

seeking bail and the same came to be rejected by I

Addl. District and Sessions Judge, Dharwad sitting at

Hubballi by order dated 27.05.2021. Therefore, the

petitioner/accused is before this Court seeking bail.

3.

Heard the learned counsel appearing for

the petitioner/accused and the learned High Court

Government Pleader for the respondent-State.

4

4.

It is the contention of the learned counsel

for the petitioner/accused that petitioner is innocent,

he has not committed any offence as alleged against

him and he has been falsely implicated in the case.

He further contends that there are no eye witnesses to

the incident and the case of the prosecution is based

on circumstantial evidence. The main circumstance

relied on

by the prosecution

is extra judicial

confession said to have been made by the petitioner

over phone to CW-5/Ulavappa and last seen by CW-11

Manjavva. He further contends that the extra judicial

confession

said

to

have

been

made

by

petitioner/accused

before

CW.5

requires

corroboration. He further contends that investigation

is over, charge sheet has been filed and therefore, the

petitioner/accused is not required for any custodial

interrogation. With this, he prayed for allowing the

petition.

5

5.

Per contra, learned High Court Government

Pleader has contended that the offence alleged

against the petitioner/accused is a heinous offence

punishable with death or imprisonment for life. He

further contends that the petitioner/accused after the

incident has made a phone call to CW-5 Ulavappa and

made confession before him. He further contends that

CW-11 Manja