High Court of Karnataka dismissed a bail application under Section 439 Cr.P.C. for a murder charge, denying relief due to the offence's gravity and the familial relationship between accused and victim.
Bail application dismissed; petitioner remains in custody.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 3184 OF 2024
BETWEEN:
G. KUMAR
S/O LATE GANGAMMA, AGED ABOUT 47 YEARS, R/AT GANGASANDRA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 122.
…PETITIONER
(BY SRI. PALAKSHAIAH, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
STATE OF KARNATAKA BY DABASPETE POLICE STATION, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.226/2023 IN POLICE STATION DABASPET P.S., S.C.NO.37/2024 ON THE FILE OF IX ADDL. DIST. AND SESSIONS JUDGE, BENGALURU
NC: 2024:KHC:19732 CRL.P No. 3184 of 2024
RURAL DISTRICT AT BENGALURU FOR THE OFFENCE P/U/S 302 OF IPC BY ALLOWING THE PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.226/2023 of Dabaspete Police Station, pending in S.C.No.37/2024 on the file of learned IX Additional District and Sessions Judge, Bengaluru Rural District, of, registered for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short 'IPC'), on the basis of the first information lodged by the informant viz., Mahalakshmi.
petitioner and Sri.Rahul Rai K., learned High Court Government Pleader for the respondent -State. Perused the materials on record.
learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative' for the following:
R E A S O N S
As per the post mortem report, 7 external injuries were noted, out of which, 3 were chopped wounds, 2 abrasions and one incised wound. The death of the deceased was due to hemorrhage, as a result of the chop injuries inflicted. The blood stains were found on the machete as per the FSL report. Admittedly, there was marital discord between the petitioner and the informant and the petitioner filed M.C.No.133/2023 seeking divorce, but the notice of the petitioner was not accepted by the informant. There are prima facie materials against the petitioner for having committed the offence, which is punishable either with death or imprisonment for life. Looking to the gravity and nature of offence and also the fact that the informant is the wife of the petitioner, I am of the opinion that the petitioner is not entitled for grant of bail.
ORDER
The petition is dismissed.
Sd/JUDGE
SS List No.: 1 Sl No.: 4
3 issues framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
Whether the gravity of the offence and the relationship between petitioner and informant prevents bail grant
Whether prima facie materials allow denial of bail in murder case
2 provisions across 2 enactments
G. KUMAR
STATE OF KARNATAKA
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
