Wife's Pregnancy No Ground For Bail Particularly When Criminal Investigation Is In Progress: Karnataka High Court

At least 31 persons are accused in the case relating to complainant's assault and the murder of his brother amidst rivalry of two village groups. The accused are booked for offences punishable Sections 143, 147, 148, 323, 324, 307, 302, 504, 506 read with Section 149 of the Indian Penal Code, and under Sections 3(2)(v) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The appellant-accused herein was aggrieved by the rejection of his bail plea by the Principal District and Sessions Judge. He submitted that his name is not mentioned in the complaint and FIR and that the only accusation against him is that he instigated other accused.

He also pleaded on humanitarian grounds, stating that he has a cordial relationship with his wife and needs to be with her as her delivery date is due.

The High Court however, on going through the record, agreed with the trial court that appellant's release may cause further disturbance in the village. It added,

"What is their exact role, is a matter of investigation and final report. Merely because the appellant/accused No.29 attended a criminal case in the Court at Gangavathi situated at the distance of 40 k.m. from the place of incident, at this stage it cannot be said that on the date of incident he was not present on the spot. Merely because the wife of appellant/accused No.29 is pregnant and her due date of delivery is 06.11.2022 as per medical records, is not a ground for grant of bail at this stage when the investigation is in progress."

Accordingly, it held that the Sessions Judge has rightly rejected the bail application.

Case Title: GURUNAGOUDA @ GURUMURTHYGOUDA v. THE STATE OF KARNATAKA

Case No: CRIMINAL APPEAL NO. 100476 OF 2022 C/W CRIMINAL APPEAL NO.100485 OF 2022

Citation: 2022 LiveLaw (Kar) 449

Date of Order: 28TH DAY OF OCTOBER, 2022

Appearance: T. R. PATIL, ADVOCATE for appellants; PRASHANTH V. MOGALI, HCGP FOR R1.