SHASHIDHARGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner-accused under Sec. 439 of Cr.P.C., seeking for grant of bail in Crime No.57/2019 registered by Hubballi Women Police Station for the offences punishable under Ss. 498A , 323 , 324 , 326 , 307 and 504 read with Sec. 149 of the Indian Penal Code (for short ' IPC ').

(2.) Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

(3.) The case of the prosecution is that on the complaint of Smt. Roopa W/o. Shashidhargouda Patil before the Police on 18/11/2019 alleging that she was married with the petitioner and after 15 days of the marriage, the petitioner started harassing the complainant and abusing her in filthy language. On 17/11/2019 he picked up quarrel and stabbed on her stomach thrice, the parents of the complainant also assaulted the petitioner and shifted the complainant to the hospital and lodged the complaint. After registering the case the Police arrested the petitioner. The petitioner approached before the learned Sessions Judge for grant of bail and granted bail to the petitioner on 3/2/2022 with a condition that "the petitioner shall not indulge in similar offences." Subsequently, the petitioner/accused No.1 said to be again assaulted his wife-complainant on 6/9/2021 at about 3.30 a.m., he went to the house of the complainant and assaulted her with club and caused grievous injuries. After registering the case, the prosecution moved again an application before the learned Sessions Judge for cancellation of bail. Accordingly, the learned Sessions Judge has cancelled the bail of the petitioner/accused No.1 as he has violated the condition of the bail order dtd. 3/2/2021. Again the petitioner approached the Learned Sessions Judge for grant of bail, which came to be rejected on 12/5/2022. Hence, the petitioner is before this Court for grant of bail.