Sri. Shiva Kumar v. State of Karnataka
Case brief
What is this about?
In a bail application under Section 439 Cr.P.C., the Karnataka High Court rejected the petition filed by a husband accused of dowry harassment and causing death of his daughter. The court found a prima facie case based on death in 8 months of marriage and conflicting death notes.
What did the court decide?
The bail application was rejected; the petitioner was remanded to custody.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE H.P. SANDESH
CRL.P. No.6683/2022
BETWEEN:
SRI. SHIVA KUMAR S/O LINGAPPA AGED ABOUT 35 YEARS, R/AT No.254, 5TH CROSS, 1ST MAIN ROAD, HRUSHIKESHA NAGARA HOSAKEREHALLI, BENGALURU 560085
…PETITIONER
(BY SHRI. YATHISHA K.J., ADV.) AND:
STATE OF KARNATAKA BY THALAGATTAPURA POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR BEEDI BENGALURU 560001
…RESPONDENT
(BY SHRI. SHANKAR H.S., HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME No.19/2022 OF THALAGHAHATTAPURA P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 304-B AND 498-A OF IPC AND SECTIONS 3 AND 4 OF DP ACT ON THE FILE OF THE VIII ADDITIONAL AND SESSIONS JUDGE AT BENGALURU RURAL DISTRICT IN S.C.NO.100/2022.
Issues for consideration
3 issues framed by the court
Whether the petitioner can be enlarged on bail on appeals filed under the Criminal Procedure Code in a case alleging dowry harassment and causing death under Sections 304-B and 498-A of IPC.
Whether the prima facie case of cruelty causing death within one year of marriage is sufficient to reject the bail application despite the filing of the charge sheet.
Whether the length of custody constitutes a valid ground for enlarging the petitioner on bail when there are strong indications of suicide and cruelty.
Parties & counsel
- petitioner
Shiva Kumar
- respondent
State of Karnataka
Coram
H.P. Sandesh
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · September
- Registered
- Case no.
- CRL.P/6683/2022
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