MALLIKARJUN Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS is the petition filed by petitioner -Accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the alleged offence punishable under Sections 498A, 304B R/w. Section 149 of IPC and Sections 3 and 4 Dowry Prohibition Act, 1961 and subsequently after the death of the deceased Section 302 of IPC, registered in respondent police station Crime No. 108/2015.

(2.) HEARD the arguments of the learned counsel for the petitioner -Accused No. 1 and also the learned HCGP for the respondent -State.

(3.) PER contra, learned HCGP made the submission that the ground of parity is not made applicable to the case of the present petitioner. The mother -in -law of the deceased was granted anticipatory bail because she is woman and looking to the bail order of this Court granting bail to the father -in -law of the deceased as he was 64 years old. She also made a submission that looking to the statement of witnesses recorded during the course of investigation they prima facie go to show the involvement of the present petitioner in committing the alleged offence and incident has taken place in the house of husband of the deceased and it is within the statutory period of 7 years from the date of the marriage. Hence, there is presumption in favour of the prosecution and the petitioner is not entitled to be granted with bail.