SURESHKUMAR Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner is accused of having attempted to commit the murder of his wife. It transpires that the petitioner had married the complainant, who was divorced from her first husband Shri Gangadhar, she has two children - a boy and a girl. It is stated that there was a quarrel between the petitioner and the complainant on 22.02.2016 and the complainant had even complained before the Kunigal police station of harassment by the petitioner. When she returned to Bangalore, the petitioner is alleged to have forced the complainant to consume a mosquito repellant, on account of which the complainant fell ill and is said to have lodged a complaint before the police. Thereafter, a second complaint of attempt to murder was lodged and the petitioner was immediately taken to custody.

(3.) The petitioner having approached the Court below seeking bail, the same has been rejected on the ground that the allegation is serious and since the present health condition of the complainant is not known, it would not be a fit case to grant bail. Given the circumstances that the complaint is not dead and therefore is presumably alive, the question of continued incarceration of the petitioner would not arise as it would lead to a miscarriage of justice.