Successive regular bail application by a husband charged under Sections 302, 504 and 506 IPC for allegedly assaulting his wife with knife and hammer. The court found positive eyewitness evidence of assault and declined to consider self-infliction at bail stage; petition dismissed.
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NC: 2024:KHC-D:2320 CRL.P No. 103732 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103732 OF 2023
BETWEEN:
MAHAMMAD ISAK HUSAIN S/O SARFARAJ HUSSAIN JAHAGIRDAR AGE 44 YEARS OCCUPATION : PRIVATE SERVICE RESIDENT OF SONAPUR 2ND CROSS, DHARWAD TALUKA AND DISTRICT
…PETITIONER
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2024.02.24 11:24:37 +0530
(BY SRI M.M.CHOUDHARI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH SUB URBAN PS DHARWAD THROUGH PUBLIC PROSECUTOR HIGH COURT DHARWAD BENCH DHARWAD
…RESPONDENT
(BY SRI PRAKASHGOUDA HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. PRAYING TO GRANT A REGULAR BAIL IN FAVOUR OF ACCUSED IN THIS CASE FOR THE OFFENCES P/U/SEC. 504, 506, 302 OF IPC, IN S.C.NO. 72/2022 PENDING BEFORE THE IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD.
THIS PETITION COMING ON FOR ORDERS, THIS DAY THROUGH VIDEO CONFERENCING AT BENGALURU, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C seeking bail in crime No.89/2022 of Dharwad Sub Urban Police Station for offences punishable under Sections 504, 506 and 302 of Indian Penal Code (for short hereinafter referred to as `IPC’) pending in S.C.No.72/2022 on the file of the IV Additional District and Sessions Judge, Dharwad.
the injuries in KIMS Hospital, Hubballi. The petitioner came to be arrested on 27.04.2022 and he is in judicial custody.
The charge-sheet has been filed for the offences punishable under Sections 302, 504 and 506 of IPC against the petitioner. The petitioner filed bail application in S.C. No.72/2022 and the same came to be rejected by the learned IV Additional District and Sessions Judge, Belagavi by order dated 15.11.2022.
learned High Court Government Pleader for respondentState.
has been treated for sleeplessness, talking to self and aggressive behaving etc., during the month of January2022. It is further submitted that the injuries found on the deceased are self inflicted injuries. He further contend that on looking into the length and depth of the of injury, one can say that the said injuries are self inflicted injuries by deceased herself. He further submits that there is nobody to look after the children of the petitioner/accused and deceased, the petitioner is required for taking their care. With this, he prayed to allow the petition and grant bail to the petitioner/accused.
witnesses to the incident who are children of the deceased and petitioner/accused and who have stated that this petitioner/accused has assaulted the deceased and caused injuries. He further contended that the complainant is grand father of the children of the petitioner/accused and deceased and he is there to take care of the children. With this, he prayed for dismissal of the petition.
positive evidence regarding assault by this petitioner/accused to the deceased with knife and
hammer, this Court at this stage cannot consider that injuries found on the deceased are self inflicted injuries or not. The complainant is the father of the deceased and grand father of the children of the petitioner/accused and deceased, and can take care of the children. The petitioner/accused has not made out any grounds in this successive petition.
Hence, the petition is dismissed.
Sd/JUDGE
DSP
List No.: 19 Sl No.: 4
1 issue framed by the court
Whether the accused in a murder case should be granted regular bail on the ground that the deceased's injuries were self-inflicted.
3 provisions across 2 enactments
Mahammad Isak Husain
The State of Karnataka
Shivashankar Amrannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
