Dismissed

Bhimsha S/O Lakkappa Melinkeri v. the State through Deval Ganagapur P.S.

Karnataka HC13 Feb 2013CRL.P/15168/2013

Case brief

AI extract

What is this about?

This criminal petition for bail was rejected by the High Court of Karnataka. The petitioner, accused under Section 498(A) and 504 IPC for the death of his wife following burning injuries, was found to be disentitled to bail based on the circumstances involving a death by suicide resulting from ill-treatment.

What did the court decide?

Bail petition rejected; petitioner is disentitled from enlargement on bail.

Bhimsha S/O Lakkappa Melinkeri Vs the State through… — Dowry and Cruelty | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION NO.15168/2013

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BETWEEN :

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Bhimsha S/o Lakkappa Melinkeri, Age: 26 Years, Occ: Labour, R/o: Huvinalli, Taluk: Afzalpur, District: Gubarga. … PETITIONER

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(By Shri. Shivasharana Reddy, Advocate for Shri Ustad Sadat Hussain, Advocate )

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AND:

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The State through Deval Ganagapur police station. District Gubarga. Represented by Additional State Public Prosecutor High Court of Karnataka, Circuit Bench, Gulbarga. … RESPONDENT (By Shri Sanjay.A.Patil, Additional State Public Prosecutor)

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This Criminal Petition is filed under Section 439 of Criminal Procedure Code, by the advocate for the petitioner praying that this Court to enlarge the accused/petitioner on bail in Crime No.147/2012 of Deval Ganagapur police station, District Gulbarga, which is registered for the offences punishable under Sections 498(A), and 504 of Indian Penal Code, 1860.

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This petition coming on for Orders this day, the Court made the following:

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O R D E R

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Heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor.

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The petitioner was the husband of one Jayashree. She

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was married to the petitioner about six years prior to the complaint. It transpires that though they had forced the deceased Jayashree to leave her husband and thereby she stayed with the parents. Since the husband did not bother to take her back home. She had herself returned to her matrimonial home as she had no other choice. It transpires that on 20.12.2012 at about 4.00 p.m. The accused abused her and had even told her that it is better if she was dead and she should kill herself, on

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which she had poured kerosene on herself and set her ablaze. However, on her cries of pain, the neighbourer had interevened and put out the fire by which time she had suffered serious burn injuries she had been hospitalized but she died. But before her death she had made a dying declaration and had narrated the illtreatment meted out by the petitioner and the reason for her committing suicide. Therefore, on the basis of the dying declaration of the complaint the petitioner having been chargesheeted for the offences punishable under Sections 498(A) and 504 of Indian Penal Code, 1860, the petitioner had approached the court below seeking enlargement on bail. The court below has rejected the same. This court finds no reason to opine otherwise. The petitioner is disentitled for bail having regard to the circumstance of the case. The bail petition is rejected.

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Sd/JUDGE

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msr

Bhimsha S/O Lakkappa Melinkeri v. the State through Deval Ganagapur P.S.

Case brief

What is this about?

What did the court decide?

Bhimsha S/O Lakkappa Melinkeri v. the State through Deval Ganagapur P.S.

Case brief

What is this about?

What did the court decide?

What the court decided

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