The court established that the seriousness of the charges and the evidence of intent to cause harm are critical factors in determining bail eligibility under Section 439 of the Cr.P.C.

JUDGMENT

1. Petitioner/ accused filed the present petition U/s 439 of Cr.P.C. for grant of regular bail in connection with the case registered in Kundagol P.S. Crime No. 98/2022.

2. Parties to the petition are referred with their ranks as assigned in the trial Court, for the sake of convenience.

3. Heard the arguments of both sides.

4. After hearing arguments of both sides and on perusal of the records, the following points arise for consideration.

i) Whether petitioner /accused is entitled for grant of bail in terms of Sec. 439 of Cr.P.C.?

ii) What order?

5. On the strength of the complaint filed by Mahantesh son of Dilleppa Havanur criminal law was set into motion by registering the case in Kundagol P.S. Crime No. 98/2022 for the offences punishable U/s 302, 354A, 506 r/w 34 of IPC. The investigating officer after conducting investigation has filed the charge sheet. The accused is in judicial custody from the date of his arrest on 19/8/2023.

6. The complaint allegations would go to show that his step- sister Sunanda was given in marriage with Manjunath Fakirappa Menasinakai and out of wedlock they have two children by name Niranjan, 17 years and Naveen, 15 years. There was property dispute between Manjunath Fakirappa Menasinakai and his uncle Neelappa Yallappa Menasinakai over partitioning the family properties. In the said partition Manjunath Fakirappa Menasinakai had got 3 acres 3 guntas of land and Neelappa Yallappa Menasinakai got 4 acres 4 guntas of land. Complainant with his father and elders of the village advised to get partition of the properties equally. Mahantesh Neelappa Menasinakai was following the victim and threatening so also sexually harassing deceased Sunanda. Complainant informed the said fact to her husband Manjunath Fakirappa Menasinakai, but he expressed his inability to interfere. When the said Manjunath Fakirappa Menasinakai was advised to file police complaint, refrained himself from filing complaint on the pretext of family prestige. Complainant and his father Dilleppa Havanur on 6/9/2022 had been to Narayanapura village for Ganesh festival and for convening meeting of elders to advise Mahantesh Neelappa Menasinakai. When they were in the said village, on 8/9/2022 at about 1.30 p.m. accused by means of sickle assaulted on Sunanda with his other members of the family and threatened persons who went to pacify the quarrel. On these allegations made in the complaint the case was registered in Kundagol P.S. Crime No. 98/2022 for the aforementioned offences.

7. The records produced by the petitioner would go to show that complainant has given further statement dtd. 9/9/2022 that cousin of Manjunath Fakirappa Menasinakai, i.e., Mahantesh Neelappa Menasinakai, for the last 8 years was having illicit relationship with deceased Sunanda and residing in Kuruvinakoppa village. The deceased Sunanda was not amenable to advice of the complainant and elders to join the company of her husband Manjunath Fakirappa Menasinakai and continued her relationship with accused. About six months back prior to the filing of complaint, deceased Sunanda by leaving Kuruvinakoppa village and the company of accused came to Nadigatti village of complainant. About a week prior to the filing of complaint, complainant with his father and elders by advising the deceased Sunanda, left her to Yerinarayanapura village to lead marital life with accused.

7(a). On 8/9/2022 at 12.30 noon brother in law of complainant Manjunath Fakirappa Menasinakai over phone informed the accused by means of sickle has assaulted on Sunanda and she is shifted to KIMS Hospital, Hubballi in ambulance as she sustained grievous injuries over her neck. He further disclosed that while he was in the house, his son Niranjan came and informed that in front of the house of Mahadevi Hugar while deceased Sunanda was proceeding on the road, accused being armed with sickle assaulted on her neck and she is lying in the pool of blood on the road. He further stated that when his