DEVENDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Sec. 483 of Bharatiya Nagarika Suraksha Sanhita, 2023, praying to grant bail in Crime No.67/2025 of Malebennur Police Station, Harihara, Davanagere Pending in Special Case No.165/2025 on the file of Additional District and Sessions Judge, FTSC-1, at Davanagere, registered for offences punishable under Ss. 85, 352, 351(2), 115(2), 118(1), 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 and Ss. 9 and 11 of Prohibition of Child Marriage Act, 2006, Sec. 3, 4 and 6 of Dowry Prohibition Act, 1961 and Sec. 6 of Protection of Children from Sexual Offences Act, 2012.

(2.) Heard learned counsel for the petitioner and the learned Additional State Public Prosecutor for respondent No.1-State and learned counsel for respondent No.2.

(3.) Learned counsel for petitioner would contend that CW13 and CW20, even though cited as eyewitness to the incident, they have not seen the incident which took place at 7.00 p.m. as alleged in the charge sheet. CW10 is the son of the petitioner and the deceased, who is stated to be eyewitness to the incident and there is a delay in recording his statement. There is a doubt regarding he being eyewitness to the incident. In the inquest, there is no mention of any eyewitness to the incident. Even though eight injuries are mentioned in P.M. Report and the death is due to strangulation, but Tracheal passage is shown to be clear. The statement of accused No.1 indicates that in a spur of moment, due to instigation by the deceased, the incident has taken place. The petitioner is having two children, one aged about 6 years and another aged about 2 years and they are dependent on him. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed for allowing the petition.