IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.1362/2019 BETWEEN:
DHARMESHA, S/O CHANNA ANKANAYAKA, AGED 25 YEARS, R/AT KAPPASOGE VILLAGE, NANJANGUD TALUK, MYSORE DISTRICT – 571 304.
…PETITIONER (BY SRI. V.SATISH, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY H.D.KOTE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
…RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.204/2018 (S.C.NO.265/2018) OF H.D.KOTE P.S., MYSORE DISTRICT FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The respondent-police have laid a charge sheet against the petitioner making allegations that the deceased Dakshayani was given in marriage to a person by name Nagaraj. The said Nagaraj died after the marriage and there was some illicit intimacy developed between the petitioner and said Dakshayani. Later, it appears the marriage of the petitioner was fixed with some other girl and the deceased Dakshayani objected for the same and forced the petitioner to live with her only. In this context, it is alleged that on 11.6.2018 at about 6.30 p.m. the petitioner took the deceased Dakshayani near Kapila river bridge and he started assaulting and throttling her neck. In this context, the said Dakshayani telephoned to C.W.15 intimating him that the accused has been throttling her. Thereafter, it is alleged that the accused pushed the deceased Dakshayani to Kapila river from the bridge and she died due to drowning.
3. During the course of investigation a person by name Rajendra has given his statement under Section 164 of Cr.P.C. wherein he has stated that when he was near the said Kapila bridge, he saw a boy and a girl quarrelling with each other and the boy was holding the neck of the deceased and by the time this witness went near them, both of them fell into the river from the bridge. Thereafter, he did not know what has happened. The facts available on record shows that both of them were quarrelling with each other and assaulting each other and both of them fell into the river. Looking to the above said facts and circumstances of the case and considering the fact that the cause of death was due to drowning and since there is no information as to whether the death was due to throttling and whether the accused had actually made the deceased to drown or whether the deceased herself drowned in water has to be established during full dressed trial. Hence, I am of the opinion that at this stage the petitioner is entitled to be released on bail during trial.
4. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.265/2018 on the file of VIII Additional District and Sessions Court at Mysore sitting at Hunsuru arising out of Crime No.204/2018 of H.D. Kote Police Station for the offence punishable under Section 302 of IPC., subject to the following conditions:
(i) The petitioner shall execute a 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 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 till the case registered against him is disposed of.
Sd/- JUDGE *alb/-.