High Court of Karnataka rejected a bail petition filed under Section 439 CrPC for a petitioner charged with murder and dowry death. The court cited the gravity of the offence and lack of prejudice to witnesses as grounds for refusing to express opinion before the trial.
Criminal Petition rejected. Bail refused.
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. 715 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 715 OF 2023
BETWEEN:
SRI. LAKKAPPA @ RAMU S/O KRISHNAPPA AGED ABOUT 33 YEARS R/AT NO.45 VASANTH NAGARA MAIN ROAD NEAR NARASIMHASWAMY TEMPLE MARUTHI LAYOUT BANGALORE – 560 033.
…PETITIONER
(BY SRI. S BALAKRISHNAN, ADVOCATE)
AND:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA BY SATHNOOR POLICE KANAKAPURA TALUK REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001.
(BY SRI. VINAYAKA V.S., HCGP)
…RESPONDENT
THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5022/2022 FOR THE OFFNECE PUNISHABLE UNDER SECTION UNDER SECTION 498A, 302, 304(B) OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT, ON THE FILE OF SATHNOOR POLICE STATION NOW NUMBERED AS S.C.NO.5022/2022 PENDING BEFORE THE II ADDL. DISTRICT AND SESSIONS JUDGE AT KANAKPURA IN THE INTEREST OF JUSTICE AND EQUITY.
CRL.P No. 715 of 2023
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. S. Balakrishnan, learned counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.
“WHEREFORE, the petitioner humbly prays that this Hon’ble court may be pleased to enlarge the petitioner on bail in Cr.No.162/2022 for the offence punishable under Sections 498A, 302, 304(B) of IPC and under Section 3 and 4 of Dowry Prohibition Act, on the file of Sathanoor Police Station now numbered as S.C.No.5022/2022 pending before the II Addl. District and Sessions Judge at Kanakapura in the interest of justice and equity.”
Sri. Gurumurthy P, S/o Late Puttaswamy lodged a complaint with Sathanoor Police Station, Ramanagara District on 31.05.2023, which was registered in Crime
No.162/2022 for the offence punishable under Sections 498A, 304B of the Indian Penal Code (hereinafter referred to as ‘IPC’, for short) at the first instance.
Smt.Mangalagowramma was married to the petitioner at about 2 years back and they were no issues in the wedlock. Thereafter, the couple lived in the house of the complainant for about two years. On 27.05.2022 at about 6.30 a.m., the petitioner and Smt.Mangalagowramma went to ‘Mekedatu’ a tourist place. After spending sometime in the said place, while returning, on account of some frustration, Smt. Mangalagowramma fell into the river. Thereafter, the petitioner proceeded to Sathanoor Police Station and intimated the incident. Complainant was secured and he gave a complaint and the complaint came to be registered at the first instance as a missing complaint. On 30.05.2022, Sathanoor Police asked the complainant through telephone to rush to the Police
CRL.P No. 715 of 2023
Station as they have spotted a floating dead body in the river. The dead body that was spotted by the police had only half portion of the body i.e., below the trunk region and the complainant identified the same as that of his sister. He expressed suspicion with regard to her death and also informed the police that there was harassment with regard to demand of dowry and sought for action.
CRL.P No. 715 of 2023
dated 08.11.2022 and thereafter, the present petitioner is before this Court.
petitioner reiterating the grounds urged in the bail petition, vehemently contended that it is the petitioner who made a search for the body of his wife and when he was not able to trace the same, he went to Sathanoor Police and intimated the police about missing of his wife and thereafter the police have secured the presence of the complainant on 27.05.2022 and have registered a missing complaint.
CRL.P No. 715 of 2023
therefore, the case of the prosecution is per se concocted and sought for grant of bail.
demand of dowry, nothing prevented the complainant to express the same before the police on 27.05.2022 itself and therefore, sought for grant of bail.
CRL.P No. 715 of 2023
of the wife of the petitioner having taken place within seven years of the marriage, the presumption is available to the prosecution under Sections 113A and 113B of the Indian Evidence Act.
CRL.P No. 715 of 2023
inform the complainant, more so, when the petitioner had taken shelter in the house of the complainant itself.
CRL.P No. 715 of 2023
CRL.P No. 715 of 2023
CRL.P No. 715 of 2023
fresh bail petition, if there is a positive changed circumstances in this case, the following order is passed;
O R D E R
The Criminal Petition is Rejected .
Sd/JUDGE
DL
3 issues framed by the court
Whether bail should be granted to the petitioner charged under Section 302 IPC and 113B Evidence Act.
Whether the petitioner's conduct in not informing the homicide complainant raises suspicion regarding the bona fides of the case.
Whether special bail powers under Section 439 CrPC can be exercised before examination of material witnesses in a 302 IPC case.
1 provisions across 1 enactments
LAKKAPPA @ RAMU
THE STATE OF KARNATAKA
V SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
