Sole accused in a charge under Sections 498A, 302 and other IPC sections after his wife died within two years of marriage sought bail under Section 439 Cr.P.C. The court found grievous ante-mortem injuries, an unexplained delay and prima facie chargesheet evidence serious; bail was refused and the petition dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 4415 OF 2024
BETWEEN:
…PETITIONER
(BY SRI. HARSHA G.,ADVOCATE)
AND:
Digitally signed by LAKSHMI T Location: High Court of Karnataka
(BY SRI.RAHUL RAI K., HCGP)
…RESPONDENT
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.182/2022 REGISTERED BY HONNALI POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 498A, 323, 302, 504 AND 316 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., HONNALI, DAVANAGERE DISTRICT.
NC: 2024:KHC:21300 CRL.P No. 4415 of 2024
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner being the sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.182/2022 of Honnali Police Station, pending on the file of the learned Principal Civil Judge (Jr.Dn.) and JMFC, Honnali, Davanagere District, registered for the offences punishable under Sections 498A, 504, 323, 302 and 316 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Jayabai.
“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
very serious in nature. Charge sheet is already filed which prima facie discloses the commission of the offences under Section 498A and 302 IPC. Considering the facts and
circumstances of the case, the petitioner is not entitled for bail.
Hence, the petition is dismissed.
SD/JUDGE
TL List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the petitioner, sole accused in a case involving offences under Sections 498A, 323, 302, 504 and 316 IPC following his wife's death, is entitled to regular bail under Section 439 Cr.P.C.?
3 provisions across 2 enactments
Arun Naik .C
State of Karnataka by Honnali Police Station, Davanagere District
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
