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2025 DAILYLAW 13678 (KAR)

SRI. RAJESH @ ROBERT v. THE STATE REP BY

CRL.P/669/2025 · 2025-02-10

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:5888 CRL.P No. 669 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 669 OF 2025 BETWEEN: SRI. RAJESH @ ROBERT S/O LATE LINGAIAH, AGED ABOUT 37 YEARS, R/O NO.69, 3RD A CROSS, 2ND MAIN, JAYANAGARA MYSORE CITY - 570 014 AT PRESENT HE IS IN JUDICIAL CUSTODY …PETITIONER (BY SRI. RAJA K.P., ADVOCATE) AND: THE STATE REP BY ASHOKPURAM POLICE STATION. MYSURU – 570 014. REPRESENTED BY HIGH COURT OF KARNATAKA AT BANGALORE / SPP BANGALORE – 560 001. …RESPONDENT (BY SRI. HARISH GANAPATHY, HCGP) THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT BAIL TO THE PETITIONER IN CONNECTION WITH CRIME NO.32/2021 OF S.C.NO: 82/2022 OF ASHOKPURAM POLICE STATION, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC, WHICH IS PENDING BEFORE THE LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5888 CRL.P No. 669 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner who is arrested and in custody from 05.05.2021 has preferred this petition to enlarge him on bail. 2. The trial is pending against the petitioner in S.C.No.82/2022 on the file of the IVth Additional District and Sessions Judge, Mysore. 3. Petitioner is facing trial for an offence punishable under Section 302 IPC on an accusation of committing murder of his wife, by assaulting her with a chopper. 4. As per PM Report, the victim has sustained about 20 injuries. The cause of death is due to shock and haemorrhage as a result of multiple injuries sustained. 5. As per prosecution, the accused picked up quarrel with the deceased and assaulted her with a chopper in front of his children namely CWs.2 and 3. It is contended by the learned counsel for the petitioner that both CWs.2 and 3 have turned hostile and not supported the prosecution case and therefore, further detention of the accused would amount to pre-trial conviction. - 3 - NC: 2025:KHC:5888 CRL.P No. 669 of 2025 6. Learned High Court Government Pleader would submit that the trial is at the fag end and only one witness, CW.47 i.e., the IO has to be examined. 7. The learned Sessions Judge while dismissing the bail petition has observed that merits of evidence of the eye witnesses can be considered at the time of final hearing of the matter and since the case is at the fag end of the trial, in case if at this juncture if the accused is enlarged on bail, he may abscond. 8. Considering that the trial is at the fag end and only one witness is left to be examined, this is not a fit case to enlarge the petitioner on bail. Learned Sessions Judge shall expedite the trial. 9. Petition is dismissed. 10. No view is expressed on the merits of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE MEG List No.: 1 Sl No.: 25