The High Court rejected bail application for an accused charged with murder and remaining implicated in a case where a young woman was killed and body disposed off, due to non-interference allegations and belated complaint filing.
Bail petition rejected; no bail granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
Crl.P.No.100933 of 2018
BETWEEN:
MAHESH SHARANAPPA UMANABADI, AGE 30 YEARS, OCC: PRIVATE SERVICE, R/O.: MANAGULI VILLAGE, TQ.: BASAVANA BAGEWADI, DISTRICT VIJAYPUR.
... PETITIONER
(BY SRI.K.L.PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA, BY PSI NAVANAGAR P.S, BAGALKOT, REP BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER-ACCUSED NO.1 IN SC.NO.17 of 2018 ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT (IN NAVANAGAR POLICE STATION CRIME NO.63 of 2015) REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 364, 302 AND 201 READ WITH SECTION 34 OF IPC, INSOFAR AS THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
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missing complaint, when there was no progress in the investigation, the father of Shilpa, on 27.04.2015 filed Hebeas Corpus petition before this Court accusing Mahesh Sharnappa Umanabadi (petitioner herein) alleging kidnapped his daughter. In the circumstance, FIR was registered and investigation was continued. In the meanwhile, accused Nos.2 and 3 were arrested. However, they were released on bail. It is further stated that Accused No.3 gave voluntary statement in this case. Learned HCGP submits that accused No.3 turned approver accomplice and it is reveled that victim Shilpa was murdered by the accused persons. It is not brought to the notice of the Court that the present petitioneraccused No.1 is nothing but a maternal uncle of the victim. As the deceased is nothing but the daughter of Smt.Renuka, who is the sister of the accused No.1. It is further submitted that the mode of murder was revealed by accused No.3 in his voluntary statement, wherein it is stated that on 22.08.2014, himself and accused No.2 came to Gaddanakeri Cross in a car at the instance of accused No.1. The accused No.1 came on his motorcycle
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and took the car brought by them and they proceeded on the motorcycle accused No.1 to Navanagar Bypass as instructed by accused No.1. After some time, the accused No.1 brought Shilpa in the car to Navanagar Bypass and thereafter all of them went in the said car. There was quarrel between accused No.1 and Shilpa at about 8:30 a.m. on account of accused No.1 suspecting her. The said Shilpa wanted to get down from the car, but the accused No.1 did not allow her. Thereafter, the vehicle stopped near Hireshellkeri. The accused No.2 who was sitting on the back seat by kerchief closed the nose and mouth of Shilpa. Thereafter accused No.1 got down from the driving seat and by sitting on the thigh of Shilpa, by his hands closed the nose and mouth and accused No.3 caught hold her hands. Due to which, she died in the car on account of suffocation. Thereafter, all the three accused persons put the dead body of Shilpa in a gunny bag brought by them with two sized stones by tying the gunny bag, carried the dead body of Shilpa in the car by accused Nos.2 and 3 to throw the dead body in the Krishna river bridge in Kolhar. Accused No.1 by
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taking the motorcycle went to Managuli and asked them to join him in Managuli. On the instruction of accused No.1, they threw the gunny bag keeping the dead body of Shilpa, in Kolhar Krishna river. They have also destroyed the pink colour small bus ID card, passport size photographs of shilpa to cause destruction of evidence against them. Thereafter they joined accused No.1. It is the case wherein the unmarried lady met with a homicidal death.
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than the maternal uncle of the victim, who said to have murdered his sister’s daughter with the help of his friends, who are accused Nos.2 and 3.
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released on bail has started threatening the parents of the victim and has created threatening atmosphere. Accused No.3 has turned approver as well. In the circumstances, it is necessary to go through the sequence of the events, firstly a missing complaint has been registered against the unknown persons and thereafter Habeas Corpus petition was filed accusing the present petitioner. In the course of investigation, voluntary statement of accused No.3 was taken, who narrated the said incident and based upon the said voluntary statement, the criminal proceedings were initiated and so far the dead body of Shilpa was not found.
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guilt of the accused persons. Hence, he prays dismissal of the bail petition, since there are no grounds to grant bail to the petitioner.
Accordingly, the petition filed by the petitioner is rejected.
SD JUDGE
Vnp*
2 issues framed by the court
Whether bail should be granted to the accused under Section 439 of Cr.P.C. who is charged with murder and held that the mother of the deceased is sister of the accused, on grounds of parity with other
Whether the belated filing of complaint and lack of sequence in bringing matters to court entitles the petitioner to bail.
1 provisions across 1 enactments
Mahesh Sharanappa Umanabadi
The State of Karnataka
N.K. Sudhindrarao
As recorded by the court registry
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