Petitioner-accused No.1 is before this Court seeking

grant of bail under Section 439 of Cr.P.C. in Crime No.44 of

2021 of Davanagere Women Police Station, Davanagere City

Sub-Division, Davanagere for the offences punishable under

Sections 498(A), 504, 114, 306, 304(B) r/w Section 34 of

Indian Penal Code (for short 8IPC9) on the basis of the first

information lodged by the informant Jakeer Husen.

2.

Heard Sri R.B.Deshpande, learned counsel for the

petitioner and Sri B.J. Rohit, learned HCGP., for the

respondent-State. Perused the materials placed on record.

3.

Learned counsel for the petitioner submitted that

the petitioner is accused No.1. He had filed similar petition

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along with accused Nos.3 and 4 in Criminal Petition

No.5768/2021, which came to be dismissed vide order dated

30.8.2021. The charge sheet is already filed against the

other accused. He was apprehended on 28.3.2021 and since

then he was in judicial custody. The co-accused are already

enlarged on bail. Hence, the petitioner is entitled to be

enlarged on bail on the principle of parity. The petitioner 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.

4.

Per contra, learned HCGP., opposing the petition

submitted that serious allegations are made against the

petitioner/accused No.1 for having committed the offences.

The grounds now urged in the petition were already

considered by this Court while disposing of the Criminal

Petition No.5768/2021 vide order dated 30.8.2021. There are

no new grounds made out by the petitioner. Therefore, he

prays for dismissal of the present petition.

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5.

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 439 of Cr.P.C.?=

My answer to the above point is 8Negative9 for the

following :

REASONS

6.

Admittedly, the petition filed by the petitioner in

Criminal Petition No.5768/2021 was considered on merits and

the same was came to be dismissed vide order dated

30/8/2021. While considering the earlier bail petition, the

charge sheet was already filed. It is noticed that the matter

is pending for Hearing Before Charge before the trial Court.

The accused could have requested the Court to frame charge,

instead of taking time for Hearing Before Charge. Under such

circumstance, the petitioner cannot blame the trial Court for

not taking up the matter for trial after framing the charge. On

merits, it is noticed that the marriage of the deceased with

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the petitioner was performed on 8.6.2020 and she died an

unnatural death on 18.3.2021. There are prima-facie

materials to show that the petitioner subjected the deceased

to cruelty soon before her death. Under such circumstances,

I do not find any ground to entertain the petition.

Accordingly, criminal petition is dismissed.

Sd/-

JUDGE

BS