High Court Karnataka High Court

Sanju S/O Gangappa Bhajantri vs The State Of Karnataka on 21 July, 2009

Karnataka High Court
Sanju S/O Gangappa Bhajantri vs The State Of Karnataka on 21 July, 2009
Author: Jawad Rahim
IN THE HIGH COURT OF' KARNATAKA
CIRCUIT BENCH AT DHARWAD   % _
DATED THIS THE 21ST DAY 01? JULY, g<io§'A:'ii1'§.:  *' 
BEFORE  _ '   V.
THE HON'BLE MR.JUsTIcE_ JA;\&f}5£§o4';?£i'Hfi\i'    'i
CRIMINAL PETITIGN__NO.i7'5.?r;3,/200?"    3
BETWEEN:      1

Sanju S/ o. Gangappa Bhajantri,' I 
Age: 30 years, Ooc: Agriculture, "   
R/o.:Akkirnaradi, Tq: Mudhol;  vi
District: Bagalkot.   ' 

 ;,_..". 'EETITIQNER

(By Sri G.H.Nai_k§,.:V   

A..1§.{..I2; V V V
The State     
By Mahalingapur P.S. " -- "

Represented by SPP, _ 
C " I.  ,  RESPONDENT

gay Pi”:i(3otkhindi, HCGP}

Petition is filed under Section -439 of

V; V Cr.P.C.”*– byv–..i.th’e’ Advocate for the petitioner praying that on
__i’t~–..?__ar.r_Iong these grounds and for amongst other grounds to be
” I .i1rgied;.a_t the time of hearing, this Hon’b1e Court may be pleased
.._to’:”_a}allo_w this criminal petition b)En1arge the petitioners on
.regtx1ar ‘bail in Mahalingapur P.S. in Cr.No.66/2009 and c)any

flvfz.

finding of the doctor that there was burnt mark on the ankle

joint and nail of the big toe was removed and there..tresh

bleeding speaks of brutality in the act of the

caused the said injuries. Undoubtedly,'”‘t’t’1e:’_’:de’at1*1.r has

occurred in the house of the accused’ where’ deceased..«1iiVed

with him in matrimony. The peiti-ti_oneri–iaccused1 notgdenied. V ”

in this regard.

6. The second aispeety the dead body
was found in andi’ithe—«ei>i:planation given by
the accused consumed poison, he
had taken’ her” breathed her last on her
way, he the dead body in front of
the house fori’f’u1nera1jV–_ A it

V these circumstances indicates barbarisrn,

theleast for the dignity of the dead body and as he was

p the only. occupant, suspicion directed by the complainant is

iwe.lAlV-i’o’unded. The unfortunate wornan died at the age of 22

‘-years, an age which is too tender and cannot be said that she

oi”

had taken her iife out in an attempt to commit suicide. An

important circumstance is also noticed that unless tl1~e_i ‘1’if_e’ ‘Was

made so miserabie that a woman wouid not heme left.i’L_beh’ind–,

her suckling child of 1 ‘/2 years old. V _

8. A11 these circumstan.ces pizinia facivei Ar;1a1V<ves_t§out

serious charge against the acc1;ased.ufor "theta ioffeiince under
Section 307 of IPC. The i.i_ny*est~iigatiQin" ~.is».at'.the initial stage and
is not yet completed. H i V i i V V

9. to release the petitioner
under Secti(3ncA.f=¥39 Assucih, the petition is rejected.

t it