IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2017
THE HON’ BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.1753/2017
SRI. GIRISHA @ HALAPPA
AGED ABOUT 37 YEARS
R/O SHIRADHANAHALLI VILLAGE
HASSAN DISTRICT – 573 102
(BY SRI. K. RAHUL RAI, ADVOCATE)
THE STATE OF KARNATAKA
THROUGH KANANUR POLICE STATION
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560 001
(BY SRI.K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.148/2015 OF KONANUR POLICE STATION,
HASSAN, FOR THE OFFENCE P/U/S 498(A), 304(B), 302 OF
IPC AND SECTIONS 3, 4 AND 6 OF DOWRY PROHIBITION
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
Heard the learned counsel for the petitioner and the
learned HCGP for the respondent – State.
2. The petitioner is charge sheeted for the offence
punishable under Sections 498A, 304B and 302 of IPC and
Sections 3, 4 and 6 of Dowry Prohibition Act, for invading
cruelty on his wife, subjecting her to homicidal death within
seven years of marriage and also causing the murder of his
child. His previous petitions for bail was rejected by this
court in Crl.P.No.2182/2016 dated 26.04.2016. This time,
he is before this court seeking bail on humanitarian ground.
3. Sri.Rahul Rai. Learned counsel for the petitioner
submits that that parents of the petitioner who were
arrayed as accused Nos. 2 and 3 in the FIR, are given up by
the investigating officer at the time of filing of charge sheet.
Subsequently, his father expired on 12.10.2016. Petitioner
has no other sibling or anybody to take care of his
handicapped, aged mother. Her condition is quite serious
and she is in bad need of assistance of this petitioner.
4. If that is so, it is for the trial court to grant bail
for a limited period. Since the sessions court fixes the trial
dates, it is for the said court to consider his application and
pass suitable order which shall not intervene with the trial.
With this observation, this petition is disposed of.
However the trial court is directed to consider the request
of the petitioner in the light of the grounds urged by the