Justice M G Uma dismissed bail petition filed by husband (accused) in crime involving wife's suicide. Court denied bail due to prima facie evidence of domestic torture and suicide nature, keeping accused in judicial custody.
Petitioner's bail petition dismissed; accused remains in judicial custody.
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NC: 2024:KHC:22285 CRL.P No. 5434 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5434 OF 2024
BETWEEN:
JAGADEESH AGED ABOUT 37 YEARS, S/O BASAVA, R/O 2/61, SRIDEVI, CHIKKU BETTU NILAYA, KORAVADI KUMBASHI VILLAGE, KUNDAPURA TALUK - 576 257
Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA
(BY SRI. K. PRASANNA SHETTY, ADVOCATE)
AND:
STATE BY KUNDAPURA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001
…PETITIONER
…RESPONDENT
(BY SRI. RAHUL RAI .K., HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.40/2024 REGISTERED BY KUNDPAURA POLICE STATION, UDUPI FOR THE OFFENCE P/U/S 498A, 323, 306 R/W 34 OF IPC, PENIDNG ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., KUNDAPURA, UDUPI DISTRICT.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.PC in Crime No.40/2024 of Kundapura Police Station, pending on the file of the learned I Additional Civil Judge (Jr.Dn) and JMFC Court, Kundapura, Udupi District, registered for the offences punishable under Sections 498A, 323, 306 r/w Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant- Sandeepa Mogaveera.
“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
again called the said Uday and informed that accused No.1 i.e., the petitioner has assaulted her, since she revealed the facts to him over phone. Later, again the maternal uncle went to the house of the deceased and promised to bring her to the parental house on the next day morning. With such assurance, the maternal uncle came back. But however, within few hours, the informant received the information that the deceased had hanged herself in the house and died. The sequence of events prima-facie disclose that the petitioner being the husband has pushed the deceased to take such extreme step of committing suicide by hanging. Investigation is still at the initial stage. Considering the nature and seriousness of the offence, I am of the opinion that the petitioner is not entitled for bail at this stage. Hence, petition is dismissed .
SD/JUDGE
PN
List No.: 1 Sl No.: 35
1 issue framed by the court
Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?
1 provisions across 1 enactments
JAGADEESH
STATE
M G UMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
