MUSTAKAHAMMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C. seeking bail in Crime No.47/2019 (SC No.85/2019) of Kaginele Police Station registered for the offence punishable under Sections 498(A) and 302 of IPC on the file of II Addl. District and Sessions Judge, Haveri(Sitting at Ranebennur).

(2.) The case of the prosecution is that one Begumbanu W/o Sannahusenasab Kallapur has filed a complaint alleging that she is residing in Kaginele with her last daughter by name Heenakauser and she was given in marriage to the petitioner herein about 6 years back. Complainant's last daughter is having three daughters and they were not having any male issues; due to the said fact petitioner-accused used to quarrel with the deceased Heenakauser. It is also alleged by the complainant that due to the fact that they not having any male issues, petitioner-accused used to mentally and physically harass the daughter of the complainant and the said fact was disclosed by the deceased to the complainant. It is further alleged that on 17.06.2019 in the evening hours complainant claims to have heard that his son-in-law has assaulted deceased with knife; thereafter they claim to have come to the house of the petitioner herein and saw that complainant's daughter was bleeding and laying in front of the house of the petitioner. It is also alleged that complainant saw that his daughter had sustained injuries on different parts of her body. After enquiry complainant came to know that petitioner was quarrelling with the deceased on the ground that they did not have a male baby and when the deceased came out of the house, petitioner went inside the house and brought knife and assaulted the deceased on her various parts of the body and committed murder and ran away from the said place with knife. The respondent Police based on the said complaint have registered the Crime NO.47/2019 for the offence punishable under Sections 498A and 302 of IPC. The Police have arrested the petitioner-accused on 18.06.2019. Investigating Officer after investigation has filed charge sheet for the aforesaid offences punishable under Sections 498A and 302 of IPC. The petitioner- accused has filed application seeking bail before II Addl. District and Sessions Court, Haveri (Sitting at Ranebennur) and the same came to be rejected by order dated 31.10.2019. Hence, petitioner is before this Court seeking bail.

(3.) Heard the learned counsel for the petitioner-accused and learned HCGP for respondent-State. Perused the records.