IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8178 OF 2018 BETWEEN:
SRI.SYED FAROOQ S/O.SYED MOHAMMED AGED ABOUT 37 YEARS R/AT.NO.13, 6TH CROSS NEAR MECCA MASJID ROAD GANGONDANAHALLI BANGALORE – 560 039.
(BY SRI.MOYEENULLA ABBASI, ADV., FOR SRI.RAHAMATHULLA SHARIFF, ADV.,) AND:
STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE STATION BANGALORE BY THE PUBLIC PROSECUTOR HIGH COURT BUIILDING BANGALORE – 560 001.
(BY SRI.K.P.YOGANNA, HCGP) ...PETITIONER ...RESPONDENT ********** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.211/2018 (S.C.NO.1395/2018) OF CHANDRA LAYOUT POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S/ 498A AND 304B R/W.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in Crime No.211/2018 of Chandra Layout Police Station which is now pending in S.C.No.1395/2018 on the file XLV Additional City Civil and Sessions Judge, Bengaluru City. Petitioner and his sister – Thabsum were charge sheeted in the said case for the offences punishable under Section 498-A, 304-B read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. The first wife of the petitioner had died and he had four issues out of the said marriage. The petitioner married deceased – Nasreen Taj as his 2nd wife on 13.07.2015.
3. It is alleged that petitioner had extra marital relationship and both the accused were subjecting the deceased to physical and mental cruelty in connection with their unlawful demands and being unable to withstand such cruelty Nasreen Taj committed suicide on 27.04.2018 at 10.30 a.m. in the house of the petitioner by hanging herself.
4. As per the complaint and charge sheet, the death is suicidal one and except ligature mark, there were no other injuries on the dead body. There were no previous complaints regarding alleged unlawful demands of the accused. Whether the alleged cruelty of the petitioner could drive a person of ordinary prudence to commit suicide, has to be decided on trial. The petitioner is in judicial custody since 27.04.2018. Under these circumstances, it is a fit case to grant bail with suitable conditions.
5. The petition is allowed. Petitioner is granted bail in Crime No.211/2018 of Chandra Layout Police Station, which is pending in S.C.No.1395/2018 on the file XLV Additional City Civil and Sessions Judge, Bengaluru City, subject to the following conditions:
1) The petitioner shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE VMB