SUSHANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner under Section 439 of Cr.P.C. seeking regular bail in Crime No.71/2019 for the offence punishable under Sections 341, 354, 324, 326, 307 and 309 of I.P.C.

(2.) The factual matrix of the case is that the complainant lodged a complaint alleging against this petitioner that his daughter Deeksha is studying in first year M.B.A. at Nitte Karkala. Earlier she was studying in Aloysius College, the accused was Dance Trainer to the victim girl and was harassing the victim frequently. The petitioner continued the harassment even though the victim girl had joined the College at Karkala and hence, the victim girl had filed a complaint with Karkala Police and in that case, the petitioner had got bail. Thereafter, the accused being enraged by the action of the victim girl and since it was one sided love, waited for a chance to kill her. In the meantime, the petitioner uploaded the photos of the victim girl in the social media and hence, she filed a complaint before the Women Police Station. When the matter stood thus, on 28.06.2019 at about 4.30 p.m., the complainant and her daughter alighted from the bus and the complainant told her daughter to go to his house and he in order to pick up his wife was waiting near the Ladies Hostel behind K.S. Hegde Hospital. At that time, he heard screaming noise which appears to be of his daughter and accordingly, he rushed to the spot and witnessed the petitioner stabbing his daughter. Then, with the help of public, shifted her to K.S. Hegde Hospital wherein, she was inpatient for a period of one month. The police, based on the complaint have registered the case against this petitioner.

(3.) Learned counsel for the petitioner-accused in his argument would contend that the photos which are produced along with this petition clearly discloses that both the petitioner and victim girl were loving each other and the petitioner had no intention either to hurt or kill her with severe injuries. However, during the scuffle, both of them have sustained injuries. He further submits that the victim girl has already been discharged from the hospital and she is regularly attending the class and this petitioner has been in custody from past one year and there is no need to continue him in the custody and investigation has been completed and it is a matter of trial.