In a bail petition under Section 439 Cr.P.C., the High Court held that the petitioner was not entitled to bail before the examination of the complainant and one witness, rejecting the petition due to the gravity of the charges.
Bail petition rejected; liberty to move application after examination of complainant and one witness.
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 DHARWAD BENCH
DATED THIS THE 14TH DAY OF NOVEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
Crl.P.No.101496 of 2018
Between:
Punit S/o.Bhimasing Rajaput, Age 29 years, Occ: Business, R/o.: Jayanagar, Mudhol, Tq.: Mudhol, Dist.: Bagalkot.
… Petitioner
(By Shri S.C.Bhuti, Advocate)
And:
State of Karnataka, Rep. by PSI, Mudhol Police Station, By its state Public Prosecutor, High Court Building, Dharwad.
… Respondent
(By Shri Praveen K.Uppar, HCGP)
This criminal petition is filed under Section 439 of Cr.P.C., seeking to enlarge him on bail in (Mudhol P.S. Cr.No.253 of 2016) and to set aside the order passed by the Court of I-Addl. District and Session Judge, Bagalkot to sit at Jamakhandi, at Jamakhandi in S.C.No.91 of 2017, dated 03.08.2018 for the offences punishable under Sections 498-A, 504, 323, 302 and 34 of IPC.
This petition coming on for orders, this day, the Court made the following:
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ORDER
The petitioner has filed this petition under Section 439 of Cr.P.C. seeking bail in Crime No.253 of 2016 of Mudhol P.S. for the offences punishable under Sections 498-A, 504, 323, 302 read with Section 34 of IPC.
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while undergoing treatment in Kumareshwara hospital, Bagalkot succumbed to injuries on 13.09.2016. Based on the complaint filed by the complaint, a case in Crime No.253 of 2016 came to be registered for the aforesaid offences before the respondent-Police.
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kerosene and to lit fire. Hence, he prays for dismissal of the bail petition.
I am of the sincere view that, at this stage, the petitioner is not entitled for bail under Section 439 of Cr.P.C. However, the petitioner is at liberty to move the application after examination of the complainant and one witness. Accordingly, the petition stands rejected.
SD/JUDGE
Vnp*
2 issues framed by the court
Whether a bail application under Section 439 of Cr.P.C. should be allowed before the examination of prosecution witness in a case of alleged dowry death and murder.
Whether the petitioner is entitled to bail given the gravity of the allegations including discharge of kerosene.
2 provisions across 2 enactments
Punit S/o.Bhimasing Rajaput
State of Karnataka
N.K.Sudhindrarao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
