IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 101358/2021

BETWEEN:

MANJUNATH

S/O. NAGAPPA YEDALLI

AGE: 25 YEARS

OCC: COOLIE

R/O. BASAPUR

KOPPAL TALUK AND

DISTRICT - 583236

…PETITIONER

(BY SRI. J. BASAVARAJ, ADVOCATE)

AND:

THE STATE OF KARNATAKA

THROUGH MUNIRABAD PS

KOPPAL DISTRICT

REPRESENTED BY

THE STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENCH AT DHARWAD – 580011

…RESPONDENT

(BY SRI.RAMESH B. CHIGARI, HCGP)

THIS PETITION IS FILED UNDER SECTION 439 OF

CR.PC. PRAYING TO ALLOW THIS PETITION AND ENLARGE

THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN SC

NO.36/2020 REGISTRED IN CRIME NO.175/2019 BY

MUNIRABAD PS., KOPPAL DISTRICT, PENDING ON THE FILE

OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE,

2

KOPPAL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

498-A, 304-B R/W 149 OF IPC AND UNDER SECTIONS 3 & 4

OF THE DOWRY PROHIBITION ACT, IN SO FAR PETITIONER

IS CONCERNED.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioner/Accused No.1 has filed this bail petition

under Section 439 of Cr.P.C. seeking bail in Crime

No.175/2019 (SC No.36/2020) of Munirabad Police Station,

Koppal District, registered for the offences punishable under

Sections 498(A), 304-B r/w. 149 of IPC and Sections 3 and 4

of the Dowry Prohibition Act, 1961 ( for short, ‘D.P. Act’).

2.

The brief factual matrix leading to the case is

that, the complainant is the father of the deceased. The

complainant has set the law in motion. According to the

complaint

allegations,

the

daughter

of

complainant

Smt.Laxmi

was

given

in

marriage

to

the

present

petitioner/Accused No.1 in the year 2015 and the marriage

was solemnized in Agalakere Village. It is also alleged that

the marriage was solemnized in a mass marriage and during

marriage, 30 grams gold, utensils worth Rs.50,000/- and

Rs.1,00,000/- dowry was paid and subsequently the present

3

petitioner and other accused used to ill-treat her regularly

demanding additional dowry. It is also alleged that, in this

regard a panchayath was held on number of occasions and

they have also suspected her fidelity. It is also alleged that

on 14.09.2019 at about 6.30 in the

morning,

the

complainant received a phone call informing the death of his

daughter and in this regard he lodged a complaint. The

complaint allegations disclose that, his daughter was

murdered by the accused. The Investigating Officer

investigated the crime and the investigation was culminated

in submission of charge sheet for the offences punishable

under Sections 498-A, 304-B r/w. 149 of IPC and Sections 3

& 4 of the D.P.Act. The present petitioner was arraigned as

Accused No.1, as he being the husband of the deceased.

Subsequently, he has moved a bail petition before the

Principal District and Sessions Judge, Koppal and the learned

Sessions Judge by his order dated 15.06.2021 rejected the

bail petition. Hence, the petitioner claims to have

approached this Court.

3.

Heard the arguments advanced by the learned

counsel

for

petitioner

and

the

learned

High

Court

4

Government Pleader (for short, ‘HCGP’) appearing for the

respondent-State. Perused the records.

4.

Learned counsel for the petitioner would contend

that the deceased was under mental stress and she suffered

two abortions and a male child was born, but it died after

five months and as such, she was all along under mental

depression. He would also contend that the statement of the

complainant is inconsistent and further the present petitioner

is in custody for the last two years and the investigation is

concluded and charge sheet has been laid down. He would

also contend that, initially the present petitioner has filed a

bail petition along with other accused, but he di