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2025 DAILYLAW 29798 (KAR)

SATHISHA v. THE STATE OF KARNATAKA

CRL.P/7191/2024 · 2025-01-27

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:3501 CRL.P No. 7191 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7191 OF 2024 BETWEEN: SATHISHA, S/O MALLESHA, AGED ABOUT 28 YEARS, R/AT KADARAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 570 014. …PETITIONER (BY SRI. SUYOG HERELE E., ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH HASSAN RURAL POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT - POLICE TO RELEASE THE PETITIONER ON BAIL IN CR.NO.63/2019 (PENDING ON THE FILE OF LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN IN S.C.NO.165/2019) REGISTERED BY HASSAN RURAL POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A, 302, 304(B), 120B R/W 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3501 CRL.P No. 7191 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition for bail is filed by accused No.1 in S.C.No.165/2019 pending on the file of II Additional District and Sessions Judge, Hassan. 2. Petitioner is accused of committing the murder of his wife, two months' pregnant, by strangulating her. 3. Charge sheet was filed for offences punishable under Sections 498A, 304B, 302, 120B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 4. This is the 7th bail petition preferred by the petitioner before this Court. The changed circumstances pleaded by the learned counsel is that, petitioner is in judicial custody for nearly five years. 5. The learned High Court Government Pleader has contended that trial is over and the matter is posted - 3 - NC: 2025:KHC:3501 CRL.P No. 7191 of 2024 for recording the statement of the accused under Section 313 of Cr.P.C. (351 of BNSS, 2023). He further contended that the witnesses have supported the case of prosecution and therefore, if the petitioner is enlarged on bail, he may flee from justice. 6. Petitioner's prayer for bail was already considered by this Court and his bail petitions were dismissed considering the gravity of offence. Since the matter is posted before the trial Court for recording the statement of accused, this is not a fit case to enlarge the petitioner on bail. 7. Trial Court is directed to conclude the trial expeditiously. Petition is dismissed. No opinion is expressed on the merits of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE MCR/List No.: 1 Sl No.: 15 CT: BHK