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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8864/2017
BETWEEN:
SRI PRADEEP, S/O KUMAR,
AGE 23 YEARS
R/O RAJEGOWDANAHUNDI VILLAGE,
H.D.KOTE TALUK,
MYSORE DISTRICT-571 125
…PETITIONER
(BY SRI.M.V.CHARATI, ADV. FOR
SRI MANJESH H M., ADV.)
AND:
STATE BY H D KOTE POLICE STATION
H.D.KOTE TALUK, MYSORE DISTRICT,
REPRESENTED BY SPP,
HIGH COURT OF KARNATAKA.
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CRIME NO.302/2016 (S.C.NO.129/2017) OF
H.D.KOTE POLICE STATION, MYSURU DISTRICT FOR THE
OFFENCE P/U/S 498A,114,302 r/w 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner/accused
No.1 under Section 439 of Cr.P.C. seeking his release on
bail of the offences punishable under Sections 498A,
114, 302 read with 34 of IPC registered in respondent –
police station Crime No.302/2016 and now pending in
S.C.No.129/2017.
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
3. Learned counsel for the petitioner during the
course of his arguments has submitted that at the first
instance it is not only the petitioner and his father, but
other family members were also wrapped in the case.
On conducting investigation, Police filed charge sheet
only against the petitioner and his father. He submitted
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that looking to the prosecution materials collected
during investigation and also the medical opinion, there
is no prima-facie case made out against the petitioner
that he is responsible for the death of the deceased. It
is also his submission that even there is no consistency
in the case of the prosecution, firstly they made a
submission that petitioner/accused has committed her
murder by strangulation, but subsequently in the
further statement it is stated by throttling and by
pressing the neck, they have caused the death. He also
submitted that from the date of arrest petitioner is in
custody, hence, by imposing reasonable conditions
petitioner may be enlarged on bail.
4. Per contra, learned High Court Government
Pleader, during the course of his arguments has
submitted that the death has occurred within six
months from the date of marriage, that too, in the house
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of the petitioner, who is the husband of deceased. He
also submitted that there is an allegation in the
complaint that deceased was ill-treated by the petitioner
and other family members. Looking to the materials
collected during investigation, there is a prima-facie
involvement of the petitioner in committing the alleged
offence. He has further submitted that as per Section
106 of Evidence Act, it is the petitioner, who is the
husband of the deceased, to explain under what
circumstances the death has taken place. Hence,
submitted that petitioner is not entitled for grant of bail
and submitted to reject the petition.
5. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record.
6. Looking to the prosecution material, it is no
doubt true that the marriage of the deceased with the
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petitioner was performed about six months prior to the
alleged incident. The incident took place in the house of
the petitioner. In the complaint there are allegations
that deceased was subjected to ill-treatment and
harassment by the petitioner and other family members.
As it is rightly submitted by the learned HCGP that it is
for the present petitioner to show under what
circumstances the incident has taken place in his
house. Perusing the medical opinion, death is because
of asphyxia secondary to strangulation. Considering
these aspects of the matter, I am of the opinion that
there is a prima-facie material about the involvement of
the petitioner in the alleged incident. Therefore, it is not
a fit case to exercise discretion in favour of the
petitioner. Accordingly, petition is hereby rejected.
Sd/-
JUDGE
BSR