This is a bail application under Section 439 CrPC regarding allegations of murder and cruelty against the petitioner. The High Court rejected the petition, holding that prima facie material indicating foul play existed and the petitioner was clearly implicated.
Bail petition of the petitioner is rejected.
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, CIRCUIT BENCH AT GULBARGA
DATED THIS THE 13TH DAY OF FEBRUARY, 2013
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.15164/2013
BETWEEN :
Jaibheem S/o Baburao Bansode, Age: 34 Years, Occ: Agriculture, R/o: Jambagi(K), Taluk: Aland, District: Gubarga.
… PETITIONER
(By Shri. Mallinath Astagi and Shri S.B.Sangoli, Advocates )
AND:
The State
Through Aland police station.
… RESPONDENT
(By Shri Sanjay.A.Patil, Additional State Public Prosecutor)
This Criminal Petition is filed under Section 439 of Criminal Procedure Code, by the advocate for the petitioner praying that this Court to release the accused/petitioner on bail in Crime No.197/2012 of Aland police station, which is registered for the offences punishable under Sections 498(A), 302, 306 read with Section 149 Indian Penal Code, 1860.
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This petition coming on for Orders this day, the Court made the following:
O R D E R
Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor.
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daughter was missing. He was later informed that the dead body of his daughter was found floating in a well and that when he went and saw, he found that she had suffered injuries on her head and face. Therefore, he suspected foul play and had lodged a complaint against the petitioner and his family members. The present petitioner had approached the court below, which has rejected his bail petition and therefore, he approached this court. This court had also rejected the petition reserving liberty to renew his bail petition before the court below. The petitioner having done so, the court below having held that there is prima facie material to indicate foul play and suspicion is clearly on the petitioner, has rejected the bail petition.
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petitioner and his family members and the mere say of the complainant in that regard would not implicate the petitioner. However, the learned counsel would seek to gloss over the circumstance that the deceased had suffered injuries prior to her death and on the basis of which, the police have initiated proceedings and have charge-sheeted the accused. Therefore, no ground is made out for interference by the petitioner. The bail petition of the petitioner is rejected.
Sd/JUDGE
msr
2 issues framed by the court
Whether the bail petition filed under Section 439 CrPC against accused charged with offences under Sections 498(A), 302, 306 and 149 IPC should be allowed.
Whether the prima facie material indicating foul play and suspicion on the petitioner warrants rejection of the bail application.
2 provisions across 2 enactments
Jaibheem S/o Baburao Bansode
The State
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
