Dismissed

Mallappa S/O Sadashiv Uppar v. the State of Karnataka

Karnataka HC8 Feb 2024CRL.P/100239/2024

Case brief

AI extract

What is this about?

Regular bail petition by an accused charged with murdering his wife under Section 302 IPC. The court found prima facie material including eyewitness CW-9, witnesses seeing him flee the house, motive arising from a monetary dispute, and his presence at the scene, and rejected bail despite completed investigation and charge sheet.

What the court decided

AI extract

Mallappa S/O Sadashiv Uppar Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:2776 CRL.P No. 100239 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100239 OF 2024 (439)

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BETWEEN:

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MALLAPPA S/O. SADASHIV UPPAR, AGE: 33 YEARS, OCC. AGRICULTURE, R/O. HARUGERI VILLAGE, TALUKA. RAIBAG, DIST. BELAGAVI-591220.

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…PETITIONER

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(BY SRI ANAND ASHTEKAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH INSPECTOR HARUGERI POLICE STATION, HARUGERI, TQ. RAIBAG, DIST. BELAGAVI. REPTD. BY STATE PUBLIC PROSECUTOR , SPP OFFICE, HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD.

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…RESPONDENT

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.02.15 11:59:39 +0530

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(BY SRI T. P. MALIPATIL, AGA)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL PETITION AND PASS AN ORDER TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL U/S 439 OF CR.P.C., IN HARUGERI P.S. CR.NO.141/2023 (NOW RE-NUMBERED AS S.C. NO.5071/2023 ON THE FILE OF THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI SITTING AT CHIKODI, FOR THE OFFENCE PUNISHABLE U/S 302 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC-D:2776 CRL.P No. 100239 of 2024

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ORDER

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Accused in Crime No.141/2023 registered by

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Harugeri Police Station, Belagavi District for the offence punishable under Section 302 of IPC is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties

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FIR in Crime No.141/2023 was registered by

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Harugeri Police Station, Belagavi District for the offence punishable under Section 302 of IPC against the petitioner herein on the complaint of Sri Shivappa Kallappa Madalagi @ Mudalagi, which was lodged on 21.06.2023. In the said case, the petitioner was arrested on 21.06.2023 and was remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed.

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Bail application filed by the petitioner before the

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trial Court in Criminal Miscellaneous No.5557/2023 was rejected on 18.10.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that a false case has been lodged against the petitioner. The

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3 - NC: 2024:KHC-D:2776 CRL.P No. 100239 of 2024

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alleged eyewitnesses are planted by the prosecution. Investigation in the case is completed and charge sheet

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has been filed. Accordingly, he prays to allow the petition.

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Per contra , the learned HCGP has opposed the bail petition. He submits that in addition to CW-9, there are other eyewitnesses to the incident in question. Accordingly, he prays to dismiss the petition.

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Complaint was lodged by the father of the deceased, aged about 70 years on 21.06.2023, wherein it is averred that he was informed by CW-9 Nagappa Ramappa Uppar that petitioner had murdered his wife Rukmavva by dropping a stone on her head while she was sleeping inside the house. As per the complaint as well as the charge sheet allegations, there was a dispute between the petitioner and his wife with regard to payment of Rs.6,50,000/- to the step mother of petitioner with regard to settlement of a civil dispute between them. It is in this background, on 21.06.2023 after dropping his children to the school, the petitioner had returned to his house and allegedly had committed the murder of his wife.

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4 - NC: 2024:KHC-D:2776 CRL.P No. 100239 of 2024

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8. CW-9 is the eyewitness to the incident in

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question. CW-10 and 11 also have stated about seeing the petitioner running away from his house immediately after the incident in question. The children of the petitioner, who were in the school, were brought back home after the incident in question, by the relatives of the deceased. Conduct of the petitioner who was found in the house immediately after the incident in question also prima facie raises a doubt against him. In addition to the same, CW-9 who is the eyewitness to the incident in question and other witnesses have seen the presence of the petitioner near

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the spot of crime immediately after the incident in question. Petitioner had a motive to commit the murder of his wife. Therefore, there is prima-facie material available against the petitioner to connect him to the crime. Merely for the reason that investigation is completed and charge sheet has been filed bail cannot be granted and the gravity of the offence cannot be lost sight of by this Court. Under the circumstances, I am of the opinion that the prayer

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NC: 2024:KHC-D:2776 CRL.P No. 100239 of 2024

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made by the petitioner for grant of regular bail is liable to

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be rejected. Accordingly, petition is dismissed.

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Sd/JUDGE

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ckk List No.: 1 Sl No.: 10

Mallappa S/O Sadashiv Uppar v. the State of Karnataka

Case brief

What is this about?

What the court decided

Mallappa S/O Sadashiv Uppar v. the State of Karnataka

Case brief

What is this about?

What the court decided

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