Criminal petition filed under Section 439 Cr.P.C. for bail in disproportionate assets/suicide case dismissed pending investigation. Court held petitioner not entitled to release.
Petition for bail under Section 439 Cr.P.C. dismissed; liberty to approach after filing of charge sheet granted.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION No.4511/2021
BETWEEN:
Sri Lokesh D. V., S/o Venkatramanaiah, Aged about 19 years, R/at Devarhosahalli Village, Somopura H, Nelmangala Taluk, Bengaluru-562 111.
..Petitioner
(By Sri Vishwanath Kanavi, Advocate)
AND:
The State of Karnataka, The Sub-Inspector of Police And Station House Officer, Dobbaspet Police Station, Nelamangala Circle, Bengaluru Rural, Bengaluru.
Represented by: State Public Prosecutor, Hon’ble Court Building, Bengaluru.
..Respondent
(By Sri.K.Nageshwarappa, HCGP)
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This Criminal Petition is filed under Section 439 of Cr.P.C. by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in Cr.No.66/2021 of Dobbespet Police Station, Bengaluru District for the offence P/U/S 306 of IPC.
This Criminal Petition coming on for Orders , this day, the Court made the following:
O R D E R
This petition is field by the petitioner - accused under Section 439 of Cr.P.C. for grant of bail in Crime No.66/2021, registered by Dobbaspet Police, Nelamangala Circle, Bengaluru Rural District for the offence punishable under Section 306 of IPC.
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one Vishwanath in the year 2017. Out of the wedlock, they had a daughter by name Tanmayee aged 3 years. They lived in a rented house at Beemasandra, Tumkuru Taluk. On 20.04.2021 at about 8.00 p.m. the complainant received a phone call from his sister Navyashree from her mobile No.8884750029 to his mobile No.9008698130 requesting him to call back to her as she was no more interested to live. He immediately called back and enquired her and she disclosed that she was in contact with the present petitioner, he was in love with her and used to call her from his mobile and threatened her to share the photos and videos of them being together, with her husband and her relatives, if she did not give money whenever he asked for and did not listen to him. Because of this, she was deeply hurt and felt to commit suicide. Thereafter, her brother Dhanush consoled her and told not to worry and he would take care of it and asked her to come home. Next day on 21.04.2021, the deceased
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came to her mother’s home and left her daughter in the home and told her mother that she would go to meet Dhanush. At about 12.37 P.M., the deceased telephoned to her brother saying that she would not be alive and felt sorry and requested him to take care of her daughter well. Thereafter, he sent a message to his sister saying that he would set right all the things and asked where she was and called several times but she never answered to his calls. Around 2.15 P.M., Dhanush received a message from his sister’s phone to take the dead body of his sister Navyashree which is near Devarahosalli Lake. He went along with his friend one Rajesha and found his sister’s dead body which was floating on the water. After registering the case, the Police were trying to arrest the accused and hence, he approached the Sessions Court for grant of anticipatory bail which came to be dismissed as withdrawn and having become infructuous as he was
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arrested on 08.06.2021. Now the petitioner is before this Court under Section 439 of Cr.P.C.
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Accordingly, the petition is dismissed with liberty to approach after filing of the charge sheet.
Sd/JUDGE
HA/-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. during pending investigation in murder case.
Whether the pending investigation justifies denying bail to the accused petitioner.
1 provisions across 1 enactments
Lokesh D. V.
State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
