SURESH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has field this criminal petition under section 439 of the Code of Criminal Procedure, 1973 in connection with Dharwad Sub-Urban P.S., Crime No.1 of 2018 for offences punishable under Sections 498(A), 302 and 201 of the Indian Penal Code, 1860. Since from the date of his arrest, the petitioner is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.

(2.) Heard the learned counsel for the petitioner and the learned SPP for the respondent - State.

(3.) The brief facts of the prosecution case are that on filing of the complaint by the complainant, a case came to be registered for the aforesaid offences and thereafter, the investigation was conducted by the Investigation Officer. The allegations made in the FIR recorded by the Police, it reveals that the marriage of the complainant's younger daughter namely Gouramma @ Yashoda was performed with the petitioner about eight years back and out of their wedlock, two male children were born, who are aged about 5 years and 2 years respectively. On 31.12.2017 at about 3:00 p.m. the complainant received phone call from one Ramesh being the neighbour stating that Suresh-petitioner herein and Gouramma, the daughter of the complainant were quarrelling to each other and her son-in-law used to assault her daughter and thereafter in the night at about 9:50 p.m. the complainant received telephonic call stating that her daughter has committed suicide by hanging herself. Subsequent to receipt of information, they had been to the scene of crime i.e., to the house of the accused, wherein she has noticed that some broken bangles were found on the ground and she also noticed that some blood stains were lying on the ground. She further alleged that her son-in-law was ill-treating her daughter physically and mentally, he was in the habit of consuming alcohol and as a result of that the accused committed the murder of her daughter and thereafter her body has been hanged to the hook on the ceiling in the house of the accused. The same has been seen in the complaint said to be filed by the complainant before the respondent Police. Subsequent to registration of crime against the accused, the case has been taken up for investigation by the Investigating Officer, who has laid the charge sheet against the accused relating to the case in Crime No.1 of 2018 of Dharwad Sub-Urban P.S.