SHIVAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the 2nd successive petition filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973(hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.236/2021 of Bailhongal Police Station, registered for the offences punishable under Ss. 143 , 147 , 148 , 326 , 307 , 109 read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as the ' IPC ', for brevity).

(2.) It is the case of the prosecution that, one Shri. Anilkumar Basappa Malakoti, has filed a complaint stating that on 29/9/2021 he along with his sister Jayamala and her friend Gangamma Manjunath Madivalar had been to Bailhongal Court to attend the proceedings of M.C.No.75/2021, which had been filed by the petitioner, who is the husband of Jayamala. After attending the court proceedings and after having tea at the canteen, when they were coming out, the petitioner came there with an intention to kill Jayamala and assaulted her with a chopper near her left ear, shoulders, right fore arm, head, neck and thereafter cut her foot. The remaining accused instigated accused No.1 not to leave her and on seeing the people gathered there, the petitioner and other accused ran away. Immediately, the injured-Jayamala was shifted to the Government Hospital, Bailhongal for treatment and then to Lakeview Hospital, Belagavi for higher treatment. The said complaint came to be registered in Crime No.236/2021 of Bailhongal Police Station for the aforesaid offences. The petitioner had earlier filed Criminal Petition No.101297/2021 and the same came to be rejected by this Court by order dtd. 1/12/2021. Thereafter the charge sheet has been filed and the petitioner has filed Criminal Miscellaneous No.31/2021 seeking bail and the same came to be rejected by Sessions Court by order dtd. 25/1/2022. Thereafter, the petitioner has filed Criminal Petition No.100516/2022 before this Court seeking bail and the same came to be rejected by order dtd. 19/4/2022. Thereafter, the petitioner has not approached the trial Court but has filed the present petition seeking bail.

(3.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for respondent-State.