IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7671/2019 Between Alimpasha @ Allu S/o Late Momin Pasha, Aged about 25 years, R/at 9th Cross, 4th Main, P.G.Layout, Tumkuru City – 78.
(By Sri.Pratheep K.C., Advocate) And The State of Karnataka Rep by Women Police Station, Tumkur City, Tumkur District, Rep. by its State Pubic Prosecutor, High Court of Karnataka, Bengaluru – 01.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.106/2018 of Women Police Station, Tumakuru for the offence punishable under Sections 498-A, 304-B read with Section 34 of IPC and Section 4 of D.P Act and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.1 in the charge sheet filed by the police in C.C.No.342/2018 and had culminated in S.C.No.74/2019 on the file of II Additional Sessions Judge, Tumakuru for the offence punishable under Sections 498A, 304(b) read with Section 34 of Indian Penal Code. The petitioner was arrested in connection with the said case on 23.10.2018. Since then, he has been in judicial custody. The accused Nos.2 and 3 have already been released on bail by this Court in Criminal Petition No.2259/2019 vide order dated 03.09.2019.
3. In the said background, the brief facts have to be looked into. There is no dispute that the deceased was the wife of the petitioner and their marriage took place prior to 2017 and it is alleged that at the time of marriage, the accused persons have demanded Rs.5,00,000/- and some amount has been paid out of the said amount. The remaining amount of Rs.4,00,000/- was due. According to the prosecution, it is alleged that all the accused persons have been ill-treating the deceased in demanding the said money. In the year 2017-18, Rs.1,00,000/- was given to accused No.1 and in spite of that, it is alleged that the petitioner did not desist themselves from harassing the deceased. In the above said background, on 21.10.2018, the deceased has committed suicide by hanging herself in her matrimonial home.
4. The entire charge sheet discloses that some ill- treatments and harassment has spoken to by some of the witnesses, but whether there was any ill-treatment or harassment soon before the death of the deceased, has to be established during the course of the full dressed trial so as to prove the offence punishable under Section 304 of Indian Penal Code. Further, added to the above conduct of the accused persons and the sensitiveness of the victim, how they were behaving each other since the date of the marriage, because three to four years have been elapsed from the date of the marriage till occurring of the incident.
Therefore, under the above said facts and circumstances, as the petitioner has been in jail since long, he is entitled to be enlarged on bail as the offences are not punishable either with death or imprisonment for life compulsorily. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner shall be enlarged on bail in connection with Crime No.106/2018 of Women Police Station, Tumakuru on the file of II Additional Sessions Judge, Tumkuru for the alleged offences subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh Rupees only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE NBM