This criminal petition is filed by the petitioner/accused

under Section 439 of Code of Criminal Procedure, 1973

(hereinafter referred to as ‘Cr.P.C.’, for short) for granting

bail in respect of Crime No.91/2021 of Amruthur Police

Station, Tumakuru District for the offence punishable under

Sections 376, 306 and 417 of Indian Penal Code, 1860

(hereinafter referred to as the ‘IPC’, for short).

2.

Heard the arguments of learned counsel for

petitioner and learned High Court Government Pleader for

respondent-State.

3.

The case of the prosecution is that on the

complaint of one Mudlagiri Gowda, police registered case for

the above said offences on 14.07.2021. It is alleged in the

complaint that his deceased daughter was studied up to final

year B.Com. degree and about 6-7 months back she was

suffering from injuries while riding the bike and she was

3

taken to the hospital. Afterwards, she was in the house.

Later, she was suffering from stomach pain as menstruation

was not happening. When she was taken to hospital, scanning

was done and it was revealed that she was six months

pregnant. On enquiry, deceased disclosed that petitioner

/accused was the cause for her pregnancy and she was in

love with the petitioner. Thereafter, complainant requested

petitioner to marry the deceased. The petitioner/accused said

to dogged the same under the guise that he will marry her

after her elder sister’s marriage. Subsequently, victim

requested accused to marry her as she has become pregnant.

But, accused said to have told so many problems. Thereafter,

he refused to marry and he instructed her to remove the

fetus and he will pay money and the same was heard by

father of the victim as the deceased was switched on speaker

of mobile. Thereafter, complainant was taken the help of his

friends and relatives for holding panchayath. After knowing

the same, accused abused her father in Hard tone. Hence,

she has committed suicide on 14.07.2021 by consuming

poison as well as by hanging. After conducting postmortem,

4

fetus was sent to DNA test. Result is awaited. Previous bail

petition of this petitioner was rejected on 15.12.2021 mainly

on the ground that DNA test is awaited as deceased was six

months

pregnant

when

she

committed

suicide.

Now,

petitioner is before this court on another ground.

4.

Learned counsel for petitioner contended that

Police have failed to submit the DNA report even after a lapse

of 10 months from the date of registering of the crime, and

for the same reason the trial is yet to begin violating the

Fundamental Right of Fair and Speedy Trial and personal

liberty. Further, petitioners counsel contended that viscera

and other articles were sent for FSL and DNA test to Forensic

Laboratory, Bengaluru. They received the articles and given

acknowledgement that report will be given by 19.01.2023,

till another seven months is required to wait for the purpose

of getting DNA report. Investigation completed, charge sheet

has been filed. Case has been committed Court of Sessions

and Sessions Court also not able to frame the charges and

waiting for FSL and DNA test report. Learned counsel for

5

petitioner contended that postmortem examination report

does not reveal anything about the contents of fetus in the

stomach but except collecting the stomach contents nothing

is mentioned in the postmortem report about pregnancy and

petitioner is in custody for almost one year. With these

grounds counsel for petitioner prays to allow the bail petition.

5.

Per contra, learned HCGP seriously objected the

bail petition and contended that in FSL report at sl.no.1 it is

clearly mentioned that a bottle containing uterus has been

received by them. Report is awaited. However, in post

mortem examination report, it is clearly mentioned that some

contents of the stomach collected and sent for FSL which also

includes uterus. Petitioner after making the victim pregnant,

has refused to marry her after committing sexual assault on

her and cheated her. Therefore, she forc