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Judgment
M G Uma, J
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.PC in Crime No.85/2023 of Puttur Town Police Station, pending on the file of the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate Court, Puttur, Dakshina Kannada, registered for the offences punishable under Section 302 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant- Seetha.
Heard Sri Dhananjay Kumar, learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent- State. Perused the materials on record.
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 in ‘Negative’ for the following:
REASONS
Petitioner being the accused is seeking grant of bail. He was apprehended on 24.08.2023 and since then, he is in judicial custody. The mother of the deceased lodged the first information against the petitioner making specific allegations. She died in the hospital after receiving fatal stab injuries. The deceased had sustained as many as six external injuries. CWs.2 to 4 are the eye witness to the incident. The knife used in commission of the offence is said to have been recovered at the instance of the petitioner. The blood stained clothes of the petitioner were also recovered. As per the FSL report, both knife as well as the clothes were stained with O+ positive blood of the diseased.
It is pertinent to note that the informant being the mother of the deceased had filed the complaint against the petitioner on 24.08.2023 that also supports the contention of the prosecution. The deceased was hardly aged 18 years when she was stabbed. She was stabbed only for the reason that she refused the proposal for love made by the petitioner. Looking to the nature and seriousness of the offence, I am of the opinion that the petitioner is not entitled for bail.
Accordingly, I answer the above point in the negative. As a result, petition stands dismissed.