SHABAS KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri Jayasimha K P, learned counsel for the petitioner and Sri S Vishwa Murthy, learned High Court Government Pleader for the respondent - State. Perused the records.

(2.) The Present petition is filed under Sec. 439 of Cr.P.C., seeking grant of bail in respect of Crime No.11/2022 of Rajajinagar Police Station, Bengaluru, for the offence punishable under Sec. 304B of the Indian Penal Code, 1860 (' IPC ' for short) which is now pending in CC No.12815/2022.

(3.) In fact, the present petitioner had approached this Court with a bail application and this Court by order dtd. 29/3/2022 rejected the prayer of the petitioner on the ground that the investigation was still on and release of the accused at this point of time on bail would result in great prejudice to the investigation process and also noting the fact that the prima facie materials are found against the petitioner to establish the offence under Sec. 304B of IPC including the presumption available to the prosecution as is found in Ss. 113A & 113B of the Indian Evidence Act, 1872. Thereafter, the present petition has been filed on the following grounds: