IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K N PHANEENDRA CRIMINAL PETITION NO.8232 OF 2019 BETWEEN:
SRI MADHUSHEKAR NAIDU, S/O. MUNISWAMY, AGED ABOUT 45 YEARS, R/AT NO-82, REST WHEEL APARTMENT, NANJUNDESHWARA LAYOUT, J. P. NAGAR, 5TH BLOCK, BENGALURU-560 078. ...PETITIONER (BY SRI ANIL BABU, ADVOCATE) AND:
THE STATE OF KARNATAKA, PUTTENAHALLI POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, BANGALORE CITY, BENGALURU-560 001. …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.233/2019 REGISTERED BY PUTTENAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 498A, 306 AND 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner. Perused the records. The petitioner is arraigned as accused No.1 in Crime No.233/2019 registered by Puttenahalli police station for the offences under Sections 498-A, 506, 306 read with 34 of IPC.
2. The brief allegations are that the petitioner is none other than the husband of one Dhanalakshmi. Their marriage took place in the year 2010. The petitioner and his wife and other accused were residing together for some time and thereafter the petitioner and his wife started living separately. About a year back the father of the petitioner has executed a document in favour of the deceased in respect of one acre 33 guntas of land which was in the name of the father of the petitioner. The other accused persons who were not happy with the said transaction they started abusing the deceased stating that she must have some illicit relationship with her father-in-law. Therefore, he has executed such document. She has to part with the said property with them. Otherwise, they will spread the news amongst the public at large. In this context she alleged to have frustrated in the life and due to their conduct she committed suicide on 17.10.2019 by hanging herself in her house.
3. The above said allegations discloses that there was some family dispute between themselves with regard to the property where really the petitioner has intended to drive his wife to commit suicide is a question of fact that has to be proved beyond reasonable doubt during the course of full dressed trial.
Further added to that, as the petitioner and his wife were residing together and the property was in the name of the wife of the petitioner was there any necessity for him to drive her to commit suicide is also a question that has to be considered during the course of the trial. The petitioner has already been arrested on 19.10.2019 and since then he has been in judicial custody which indicates that he is no more required for any further investigation.
4. Under the above said facts and circumstances, particularly, in the matrimonial matters, when the offence is not punishable either with death or imprisonment of life, the petitioner is entitled to be enlarged on bail on the following conditions. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.233/2019 registered by Puttenahalli police station for the offences under Sections 498-A, 506, 306 read with 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees 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.
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