High Court denied bail in a dowry death murder case. Petitioner raised issues regarding hostile witnesses and lack of progress. Court held grounds existed for dismissal and denial.
Bail petition dismissed without granting release.
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.
Crl.P.No.4386/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE 2021
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.4386/2021
BETWEEN :
SRI ANANDA S/O SRI NARAYANA AGED ABOUT 35 YEARS R/A C/O LINGEGOWDA HOUSE IST MAIN, II CROSS JAVAREGOWDANAGAR RAJARAJESHWARINAGARA BENGALURU-560 098 … PETITIONER (BY SRI. GIRISH S. HEGDE, ADVOCATE)
AND :
STATE OF KARNATAKA BY RAJARAJESHWARINAGAR POLICE STATION NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001 … RESPONDENT
(BY SMT. NAMITHA MAHESH B.G., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.199/2017 (S.C.NO.1448/2017) REGISTERED BY RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES P/U/S 198(A), 302,
Crl.P.No.4386/2021
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304(B) OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This is the third successive bail petition of the petitioner seeking bail in S.C.No.1448/2017 on the file of the LXXI Additional City Civil and Sessions Judge, Bengaluru.
Shalini on 17.04.2013. At the time of the unfortunate incident, the couple had two children aged 3 years and 2 years. Shalini died in the house
Crl.P.No.4386/2021
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of the petitioner at Rajarajeshwari Nagar during the intervening night of 09/10.08.2017. As per the postmortem report, the death was due to asphyxia as a result of compression of the neck. There were ten external injuries on the dead body including three in the neck region.
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custody since 11.08.2017 and except examination of
eyewitnesses, there is no progress in the case.
filing the charge sheet and the contention that the death is not homicidal was considered in the said order. The charge sheet was filed not only for the offence under Section 304(B) of IPC, but that was filed for the offence under Section 302 of IPC also.
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when himself and victim were together. But he did not report the death to the police nor explained that as required under Section 106 of the Evidence Act.
trial, the Hon’ble Supreme Court in Anil Kumar Yadav vs. State (NCT of Delhi) and another1 has held that in crimes like murder the mere fact that the accused was in custody for more than one year may not be a relevant consideration.
matter. Therefore, the petition is dismissed.
Sd/-
JUDGE
KG
1 (2018) 12 SCC 129
2 issues framed by the court
Whether bail should be enlarged for the petitioner facing charges of murder, dowry death, and cruel treatment.
Whether the delay in trial justifies granting bail in the circumstances.
Colour shows how this judgement treated each authority
Anil Kumar Yadav vs. State (NCT of Delhi) and anotherReferred¶9
(2018) 12 SCC 129 · Who else cites this
2 provisions across 2 enactments
SRI ANANDA S/O SRI NARAYANA
STATE OF KARNATAKA
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
