ANAND S/O KRISHNAPPA Vs. STATE OF KARNATAKA BY R.T. NAGAR POLICE

JUDGEMENT

(1.) HEARD both sides in respect of the bail petition filed Under Section 439 of Code of Criminal Procedure following the case registered against the Petitioner in respect of the offence punishable under Section 302 of IPC.

(2.) THE case of the prosecution in short is that, the Petitioner herein married deceased Neelamma. As she was his second wife and due to quarrel between the couple and the deceased having refused to get the pregnancy aborted, and following the birth of a girl child to the deceased, the Petitioner was bent upon taking revenge against the deceased and he even threatened her by saying, to give away the child to somebody or else he would kill her and the Petitioner also tried to kill the child. With this background, on 6.4.10 when the brother of the deceased viz., Vishnu was passing through the house of the deceased, he heard some galata going on between deceased and the Petitioner at around 11.30 p.m. and the said brother went away. But, however, as the window of the house was found open, the brother peeped inside the window and saw the deceased being assaulted and pushed to the sofa by the Petitioner and thereafter the Petitioner smothered her by closing her mouth and nose and pressed her against the sofa.

(3.) SUBMISSION of the learned Addl. S.P.P for the State is that, the statement of Vishwa clearly shows that on the night prior to the death of the deceased, the deceased was seen with the accused Petitioner and the accused had assaulted her and early morning on the following day i.e. on 7.4.2010 she was found dead having been smothered and the post mortem report confirms the possibility of death having taken place in the manner staled by Vishwa. Under these circumstances, bail petition be rejected.