PANDU VITHAL MULLUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, arrayed as accused No. 1 in Crime No. 67/2015 of Mahalingapur Police Station, registered for the offences punishable under Sections 143, 147. 148, 498 -A and 302 of Penal Code r/w. Sec. 149 of IPC, now registered in S.C. No. 95/2015 on the file of the I Addl. District and Sessions Judge, Bagalkot, sitting at Jamakhndi has preferred petition under Sec. 439 Crimial P.C. seeking to enlarge him on bail.

(2.) I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent -State, and perused the complaint, FIR, charge -sheet and the order passed by the learned Session Judge, rejecting the bail petition of the petitioner filed under Sec. 439, Crimial P.C.

(3.) THE learned counsel for the petitioner submits, the petitioner is innocent and he has not committed any offence, much less the one alleged in the complaint and the charge sheet. He submits, as the deceased had illicit relationship with somebody and had conceived from that relationship, she committed suicide by feeling guilty of her conduct. He submits, the brother of the accused arrayed as accused No. 6 has already been released on bail by this Court in Criminal Petition No. 10141/2016 and the allegation against this petitioner and accused No. 6 being one and the same and applying the principle of parity, the petitioner may be released on bail. He further submits, two small children namely Bhagyashree and Guru, aged about nine and six years respectively, born out of wedlock of the petitioner and the deceased, who are presently residing with the parents of the petitioner, used to ask for their parents and therefore, the petitioner may be released on bail. He submits that the family members of the petitioner are taking care of the children and all the family members including the petitioner have voluntarily decided to transfer the share of the petitioner in the joint family properties in favour of the aforesaid children. Therefore, he prays for allowing the petition by granting bail to the petitioner.