Ashwathnarayana G.K vs State Of Karnataka

M G Uma, J

The petitioner-accused is before this Court seeking grant of anticipatory bail in Crime No.242/2023 of Manchenahalli Police Station, pending in S.C.No.19/2024, on the file of the III Additional District And Sessions Judge, Chikkaballapura, registered for the offences punishable under Sections-498A and 304B of Indian Penal Code (for short 'IPC') and Sections-3 and 4 of DP Act on the basis of the first information lodged by the informant - Akhila Bhi.

Heard Sri.Kumara.K.G., learned counsel for the petitioner and Sri.Vinay Mahadevaiah, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

Learned counsel for the petitioner submits that the petitioner is the sole accused. He is innocent and law abiding citizen. He has not committed any offence as alleged. He has been falsely implicated in the matter without any basis. The petitioner and the deceased were married on 14.07.2022. It was a love marriage. The petitioner never harassed the deceased either for dowry or for any other purpose, but she was found dead by hanging on 11.12.2023. No death note was found in that behalf. The mother of the deceased approached Assistant Commissioner and lodged first information making bald allegations. Investigation was completed and charge sheet was filed. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition in the interest of justice.

Per contra, learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the petitioner for having committed the offence. Admittedly, the petitioner married the deceased on 14.07.2022 and within 1 1/2 years of marriage the deceased died in the house of the petitioner. The mother of the deceased lodged the complaint and after investigation, charge-sheet was filed. There is presumption in favor of the prosecution. Therefore, the petitioner has to face the trial. Accordingly, he prays for dismissal of the petition.

In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the petitioner is entitled for grant of bail under Section 438 of Cr.P.C.?”

My answer to the above point is in ‘Negative’ for the following:

REASONS

The allegations made against the petitioner is of serious nature. The undisputed facts of the case are that the petitioner and deceased were married on 14.07.2022 and it was a love marriage. After the marriage the petitioner and the deceased were residing together and within 1 1/2 years of the marriage, the deceased died due to hanging. After investigation, the charge sheet is filed by the Investigating Officer. The petitioner has not made out any ground for grant the relief in this petition.

Accordingly, I proceed to pass the following:

ORDER

The petition is dismissed.