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This is an archive article published on September 14, 2011

Wife assault case: Court turns down Darshan’s bail plea

The magistrate’s court turned down the bail plea saying he did not have the jurisdiction to decide bail in a section 307 case since it is a cognisable,non-bailable offence that can be tried only in a sessions court.

Kannada film star Thogudeepu Darshan’s plea for bail in a case where he has been booked under section 307 of the Indian Penal Code (attempt to murder) and under the Arms Act for an assault on his wife Vijayalakshmi on September 9 was turned down by a magistrate’s court here on Tuesday.

The magistrate’s court turned down the bail plea saying he did not have the jurisdiction to decide bail in a section 307 case since it is a cognisable,non-bailable offence that can be tried only in a sessions court.

The magistrate Venkatesh Hulagi denied the cinema star bail despite his wife appearing in court on Monday and retracting her earlier version and attributing her physical injuries to a fall in the bathroom.

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The court also did not take into consideration the attempt by the Bangalore police to withdraw charges under section 307 of the IPC and press charges only under IPC section 324 (voluntarily causing hurt by dangerous weapons or means),where bail can be availed in a magistrate’s court.

The public prosecutor referred to the injuries on Vijayalakshmi’s person,including cigarette stub marks,a torn ear lobe and gashes on the neck,to prove that Darshan had assaulted his wife.

The court also questioned the police on why it had not produced Darshan’s .32 pistol despite indicating offences under the Arms Act in the complaint first registered against the actor.

The case has caused an uproar in Karnataka for the domestic violence involved and the Kannada Film Producers Association’s subsequent decision to ban an actress,Nikita Thukral,on the basis of Darshan’s wife’s complaint that she was the cause of the marital discord. Darshan’s fans are protesting for his release.

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After his arrest on September 9,Darshan was moved to a government hospital for treatment of what doctors have diagnosed as symptoms of asthma and jaundice caused by hard drinking and heavy smoking.

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