Dismissed¶6

Ganesh A.M. @ Ganesh Gowda v. State of Karnataka

Karnataka HC16 Jan 2025CRL.P/11973/2024

Case brief

AI extract

What is this about?

Regular bail refused — successive petition, S.439 Cr.PC / S.483 BNSS — murder of wife, S.302 IPC, S.C.No.4/2023, Crime No.61/2022 Dharmastala PS; prior dismissal 31.01.2024 (Crl.P 12987/2023); charges framed 17.12.2024; eyewitnesses CW.2 and CW.3 (assault with wooden stick); 31 post-mortem injuries; witness-tampering risk; liberty reserved after CW.2/CW.3 examination; trial expedited.

What did the court decide?

The successive bail petition was dismissed and the prayer for regular bail was rejected. ¶6

Ganesh A.M. @ Ganesh Gowda Vs State of… — Murder and Culpable Homicide | Karnataka HC (2025)

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, facing trial in S.C.No.4/2023 for the murder of his wife under Section 302 IPC, should be enlarged on regular bail in a successive bail petition despite the earlier dismissal of his bail plea on 31.01.2024. +1 more

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Court's answer

The successive bail petition was dismissed and the prayer for regular bail was rejected.

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Ratio / Principle

Grounds for refusal: charges were framed on 17.12.2024, the case is set down for trial, and if the petitioner is enlarged on bail at this stage there are chances of tampering with the material witnesses.

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Key takeaways

The Court rejected the contention that the petitioner is innocent of the offence alleged: CWs.2 and CW.3 are material witnesses who saw the petitioner assaulting the deceased with a wooden stick.ratio¶5
It had been noticed in the earlier round (considered afresh here) that the deceased sustained 31 injuries as per the post-mortem report, including a laceration on the forehead.ratio¶5
Liberty is reserved to the petitioner to move the Court for bail after the examination of CWs.2 and CW.3.ratio

Detailed headnote1 paragraphs

High Court of Karnataka (Justice Mohammad Nawaz, oral order dated 16-01-2025) dismissed a successive regular-bail petition filed under S.439 Cr.P.C. / S.483 BNSS by Ganesh A.M. @ Ganesh Gowda, accused of murdering his wife (Section 302 IPC) in S.C.No.4/2023 arising from Crime No.61/2022 of Dharmastala Police Station. His earlier bail plea in Crl.P No.12987/2023 had been dismissed on 31.01.2024. The Court declined bail because charges were framed on 17.12.2024 and the case stood set down for trial, and because material witnesses CWs.2 and CW.3 — who had seen the petitioner assaulting the deceased with a wooden stick — remained to be examined, creating a risk of witness tampering. Against the defence submissions (petitioner's physical disability; deceased allegedly injured in a fall; custody since 03.09.2022), the Court weighed the post-mortem finding of 31 injuries including a forehead laceration. Petition dismissed; liberty reserved to seek bail after examination of CWs.2 and CW.3; trial Court directed to expedite the trial and record their evidence at the earliest.

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1 - NC: 2025:KHC:1573 CRL.P No. 11973 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11973 OF 2024 (439(Cr.PC) /

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483(BNSS))

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BETWEEN:

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GANESH A.M. @ GANESH GOWDA S/O LATE MONAPPA GOWDA, AGED ABOUT 46 YEARS, R/AT AGARTHA HOUSE, KOKKADA VILLAGE AND POST, BELTHANGADY TALUK, D.K. - 574 198.

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…PETITIONER

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(BY SMT. NAZEEFA M MULLA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY DHARMASTHALA POLICE STATION, REP. BY HIGH COURT SPP, BENGALURU-560 001.

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(BY SRI. HARISH GANAPATHY, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN COURT OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU IN S.C.NO.4/2023 UNDER THE CRIME NO.61/2022 REGISTERED BEFORE DHARMASTALA P.S. FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 OF INDIAN PENAL CODE, 1860.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:1573 CRL.P No. 11973 of 2024

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This is a successive bail petition preferred by the petitioner seeking to enlarge him on bail in a case pending in S.C.No.4/2023 on the file of the Court of Principal District and Sessions Judge, D.K., Mangalore.

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Petitioner had approached this Court in Crl.P No.12987/2023 which was dismissed vide order dated 31.01.2024.

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It is the case of prosecution that, the petitioner has committed the murder of his wife by hitting her with a wooden club. Learned counsel appearing for petitioner has contended that the deceased was a paralytic patient. Petitioner was taking care of her and he himself is physically disabled by 60%. He completely depends on the clutches to walk and therefore, the allegations that he has committed the murder is entirely false and it is a story created by the prosecution. She contended that deceased has suffered injuries on account of a fall and succumbed to

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3 - NC: 2025:KHC:1573 CRL.P No. 11973 of 2024

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the said injuries. She submitted that the petitioner is languishing in judicial custody from 03.09.2022 i.e., for more than 2 years 4 months and the trial has not yet begun. She therefore seeks to enlarge the petitioner on bail by imposing any conditions.

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Learned High Court Government Pleader has

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opposed the prayer for bail stating that this Court has already dismissed the prayer of the petitioner for bail considering the entire facts and circumstances of the case.

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There are no changed circumstances to once again consider the prayer. He contended that CWs.2 and 3 are the material witnesses, out of whom CW.2 is the son of the petitioner and deceased and if the petitioner is enlarged on bail, he may intimidate and influence the said witness. He has therefore sought to reject the petition.

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This Court while dismissing the prayer of the petitioner for bail in Crl.P.No.12987/2023 has considered the entire facts and circumstances of the case. It was noticed that the deceased sustained 31 injuries as per

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NC: 2025:KHC:1573 CRL.P No. 11973 of 2024

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post-mortem report, including laceration on the forehead. Further, CWs.2 and 3 are the material witnesses who have seen the petitioner assaulting the deceased with a wooden stick. Hence, the contention of the learned counsel that the petitioner is innocent of the offence alleged cannot be accepted.

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The charges in this case are framed on 17.12.2024. The case is set down for trial. At this stage if the petitioner is enlarged on bail, there are chances of tampering the material witnesses. Hence, the petition is dismissed.

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