MANJUNATH SHIVAPPA HUBBALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking bail in Crime No.44/2022 of Kundagol Police Station registered for the offences punishable under Ss. 143 , 498A , 304B and 306 read with Sec. 149 of The Indian Penal Code (hereinafter referred to as the ' IPC ', for brevity) and Ss. 3 and 4 of the Dowry Prohibition Act (hereinafter referred to as 'DP Act', for brevity).

(2.) The case of the prosecution is that, one Smt. Shakuntala, wife of Putappa Itagi, resident of Savanur, filed complaint stating that, her daughter Pooja(deceased) was given in marriage to the petitioner/accused No.1 three years prior to lodging the compliant. Their daughter was good for a period of one year. But thereafter, the relationship of the petitioner/accused No.1 and their daughter was not cordial because accused No.1 was only fond of money, gold and vehicles. They advised the petitioner/accused No.1 but he was not heeding to their requests. Eight months prior to the filing of the complaint, at Gabbur-Hubli, at the house of her brother, the complainant gave Rs.1,50,000.00 and 2 tola of gold but the accused was not satisfied. The petitioner/accused No.1 was having affair with the wife of his elder brother(accused No.2). The petitioner/accused No.1 was informed and advised to refrain from said things but the petitioner had not heeded to their requests and was causing harassment to her daughter. That on 3/4/2022 at 10:00am one Kumargouda made a phone call and informed them that their daughter is no more and the complainant after seeing the same, filed the complaint that her daughter has been killed by the accused persons. The said complaint came to be registered in Crime No.44/2022 of Kundagol Police Station for the offences punishable under Ss. 143 , 498A and 302 read with Sec. 149 of IPC. The petitioner/accused No.1 came to be arrested on 5/4/2022 and he is in judicial custody. The Police after completing investigation filed charge sheet against accused Nos.1 to 5 for the offences punishable under Ss. 143 , 498A , 304B and 306 read with Sec. 149 of IPC and Ss. 3 and 4 of DP Act. The petitioner filed Criminal Miscellaneous No.5361/2022 seeking bail and the same came to be rejected by the learned V Additional District and Sessions Judge, Dharwad, sitting at Hubli by order dtd. 11/8/2022. Therefore, the petitioner is before this Court seeking bail.

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