IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2101/2019 BETWEEN:
Doreswamy Nayaka S/o Late Rangaswamy Aged about 38 years R/at Kempanapura grama Chamarajanagara-571 115 (By Sri Manjunath Prasad V, Advocate) AND:
State by Station House Officer Santhemarahalli Police Chamarajanagar-571115 Represented by State Public Prosecutor High Court of Karnataka Bengaluru – 560 001 (By Sri Rohith B J, 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.99/2018 (S.C.No.5196/2018) of Santhemarahalli Police Station, Chamarajanagara for the offence punishable under Section 498A and 306 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in S.C.No.5196/2018 on the file of the Additional District and Sessions Judge, Chamarajanagara, sitting at Kollegala registered for the offences punishable under Section 498A and 306 of IPC in Crime No.99/2018.
3. The allegations are that the petitioner and his wife were residing at Kempanapura village in Chamarajanagara Taluk. They were blessed with two children and after that the petitioner was addicted to alcohol and not catering to the needs of the family and he was also ill-treating and harassing the deceased. In this context there were several compromise taken place between the parties. Inspite of that, he did not mend his conduct and the said situation continued. It appears due to frustration the said lady/victim has committed suicide by pouring kerosene herself and lit fire.
4. Looking to the facts and circumstances as per the charge sheet, the frustration of the deceased was mainly due to alcoholic addiction by the petitioner. Therefore whether he actually addicted to alcohol and was ill-treating the deceased with a sole intention to drive her to commit suicide is the question that has to be thrashed out during the course of full dressed trial. The sensitiveness of the deceased how she was responding with the accused and how the petitioner was responding to the conduct of the deceased are the important aspects that has to be taken into consideration in order to draw a conclusive inference with regard to guilt on the part of the accused and that can only be done during the course of trial. When the offences are not punishable with either death or imprisonment for life and as the accused has already been arrested and he has been in judicial custody, the case has been committed and the Sessions case is now pending for trial.
5. Under the above said circumstances, the petitioner is entitled to be enlarged on bail on conditions. Hence the following:
O R D E R The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Cr.No.99/2018 of Santemaralli Police Station, Chamarajanagara (S.C.No.5196/2018 pending on the file of Additional District and Sessions Judge, Chamarajanagara (sitting at Kollegala)) for the offence punishable under Sections 498A and 306 of IPC, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh only) with one surety 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.
Kmv/-
Sd/- JUDGE