GOKUL KATHRI @ GOKUL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.548/2018 (Spl.C.No.481/2019) of Banasawadi Police Station, for the offences punishable under Sec. 302, 342 and 506 of IPC.

(2.) Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/ State.

(3.) The factual matrix of the case is that the complainant, who is the wife of this petitioner, had lodged a complaint with the police stating that she gave birth to a female baby and the husband was not happy since it was a female baby. Hence, he was abusing and assaulting his wife and also making comments on the chastity of the complainant stating that the baby is not born to him and born to some one else. When the said fact was noticed by CWs.2, 3, 4, 5 and 6, advised the petitioner and in spite of it he continued the same. That on 11/10/2018, when the child was crying after urinating, this petitioner started assaulting the baby and when she tried to take the child, this petitioner thrown the child on the wall, as a result, child sustained injury and succumbed to the same. Though she made an attempt to take the child to the hospital immediately, he caused threat and locked the house; as a result, the child succumbed to the injuries. Based on the complaint, the police have registered a case, investigated the matter and filed the charge-sheet.