VIJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by sole accused under Sec. 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .', for brevity) seeking bail in Crime No.148/2022 of Sub- Urban Police Station, Dharwad registered for the offence punishable under Sec. 307 of The Indian Penal Code, 1860 (hereinafter referred to as ' IPC ', for brevity).

(2.) The case of the prosecution is that, the sister of complainant was living separately due to dispute with her husband. Thereafter, petitioner- accused got acquainted with her with an intention to grab her property, developed intimacy and promised to marry her by divorcing his wife and was living with her. When complainant's sister (injured) demanded the petitioner-accused to marry her legally, the petitioner-accused with an intention to commit murder has assaulted her with Talwar on her neck and attempted to commit her murder. Thereafter, the complainant took the injured to the hospital for treatment. Thereafter, the said complaint came to be registered in Crime No.148/2022 of Sub-Urban Police Station, Dharwad for the offence punishable under Sec. 307 of IPC. The petitioner-accused came to be arrested on 13/7/2022 and he is in judicial custody. The petitioner-accused had filed Criminal Miscellaneous No.449/2022 seeking bail and the same came to be rejected by the learned III Addl. District and Sessions Judge, Dharwad vide order dtd. 4/8/2022. Therefore, the petitioner-accused 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.