Allowed

Gurayya Hemayya Kadayyanavar v. the State of Karnataka

Karnataka HC18 Jan 2021CRL.P/101472/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a bail petition filed under Section 439 Cr.P.C. by an accused alleged of attempting to murder his wife and causing grievous injuries. The court observed that investigation was completed and the victim had been discharged, directing release on stringent conditions.

What did the court decide?

Petitioner allowed and released on bail in Crime No.89/2020 subject to a personal bond, execution of conditions against tampering and leaving jurisdiction, and regular attendance.

Gurayya Hemayya Kadayyanavar Vs the State of Karnataka — Domestic Violence | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF JANUARY, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.101472/2020

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BETWEEN:

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SRI.GURAYYA HEMAYYA KADAYYANAVAR AGE: 29 YEARS, OCC: LABOUR, R/O. HIRENASABI, TAL: BADAMI, DIST. BAGALKOT-587003

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...PETITIONER

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(BY SRI. JAGADISH PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH BADAMI POLICE STATION, DIST. BAGALKOT, NOW REP. BY SPP, HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD-580001

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…RESPONDENT

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(BY SRI. RAMESH B. CHIGARI, HCGP)

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This Petition coming on for orders through Physical Hearing/Video Conferencing Hearing this day, the Court made the following:

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ORDER

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This petition is filed by the petitioner/accused No.1 under Section 439 Cr.P.C. for granting regular bail in Crime No.89/2020 registered by Badami Police Station for the offence punishable under Sections 498A, 309, 326, 109, 504 R/w. Section 34 of the IPC, on the complaint filed by the wife of the petitioner, namely, Akshata.

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The gist of the complaint is that, accused No.1 is the husband of the complainant and he by the instigation of other accused demanded the complainant to bring gold and cash from her parental house, thereby ill-treated her both physically and mentally. It is alleged that, on 30.06.2020, accused No.1 picked up quarrel with the complainant and with intent to commit her murder, assaulted her with an axe on her head, left hand and chest and attempted to commit her murder. Hence she lodged a complaint with the Badami Police. The bail petition filed by the petitioner

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before the Session Court came to be rejected. Hence he is before this Court for grant of bail.

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Learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged and he has been falsely implicated in the case. The other co-accused have been granted bail by the learned Sessions Court, but the bail petition of this petitioner is rejected only on the ground that the investigation is still pending. The petitioner is arrested on 05.07.2020. Since 05.07.2020, he is in custody. Now the investigation is completed and charge sheet is also filed. The victim is already discharged from the hospital. The petitioner is ready to abide by any conditions. On these grounds he prayed to grant bail to the petitioner.

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Per contra, learned HCGP contended that the petitioner has assaulted his wife and caused grievous injuries on the head and tried to commit her murder, which is a serious offence. Hence he prayed for rejection of bail.

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Upon hearing the arguments of both side and perusal of the records, it is seen that the incident took place on 30.06.2020.

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Admittedly, the petitioner/accused No.1 is the husband of the complainant and due to the matrimonial dispute, the accused is said to have assaulted her by demanding dowry. As per the wound certificate produced by the learned counsel for the petitioner, the injured is admitted to the hospital on 30.06.2020 and discharged on 07.07.2020. Injuries No.5 and 6 are inflicted by a sharp edged weapon on the vital part of the body i.e., head which are grievous in nature. However, the victim is survived. Petitioner is in judicial custody since more than six months. Investigation is already completed and charge sheet has been filed by the police. Except for the trial, the presence of the accused is no more required. Therefore, I am of the opinion that the petitioner may be enlarged on bail by imposing stringent conditions. Hence I pass the following:

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ORDER

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Petition is allowed . The petitioner/accused No. 1 is directed to be released on bail in Crime No.89/2020 registered by the Badami P.S. for the offences punishable under Sections 498A, 307,

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109, 504 R/w. Section 34 of the IPC, subject to the following conditions:

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i. He shall execute a personal bond for a sum of `2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the committal Court/trial Court.

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ii. He shall not tamper the prosecution witnesses directly or indirectly in any manner.

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iii. He shall not indulge in similar offences.

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iv. He shall not leave the jurisdiction of the Court without prior permission.

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v. He shall attend the Court regularly on all the dates of hearing, without causing any delay.

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Sd/JUDGE

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gab

Gurayya Hemayya Kadayyanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Gurayya Hemayya Kadayyanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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