IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3641/2019 BETWEEN:
Rahamathulla, S/o Imam Sab, Aged about 50 years, Working in Mandakki Bhatti, R/o 12th Cross, Basha Nagar, Davanagere – 577 001. ... Petitioner (By Sri S.G. Rajendra Reddy, Advocate) AND:
The State by Women Police Station, Davanagere, Davangere District, Represented by S.P.P., High Court, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.149/2018 of Women Police Station, Davanagere for the offences p/u/s 498(A), 306 and 114 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.149/2018 with respect to offences punishable under Sections 498A, 306, 323, 114 and 149 of IPC.
2. The case of the prosecution is that a complaint was filed by the mother of the deceased on 19.09.2018. The compliant discloses that complainant’s second daughter was given in marriage to the petitioner about eight years prior to the incident and they had four children from the wedlock. It is stated that there was an altercation in the light of the death of the child of the deceased. It is further alleged that the deceased was harassed by the petitioner in the light of the said incident and other members had also joined the petitioner in harassing the deceased. It is further stated that on 19.09.2018, the deceased is alleged to have committed suicide. It is alleged that the act of suicide is pursuant to the harassment of the petitioner and other accused.
3. It is noted that the petitioner is in custody since 19.09.2018. The investigation is complete and charge sheet has been filed. The question as to whether the deceased had committed suicide as a result of acts of harassment by the petitioner and other accused is a matter to be proved during trial. The proceedings cannot be construed to be proceedings for punishment. Accordingly, the petitioner is entitled to be enlarged on bail subject to conditions.
4. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.149/2018 with respect to offences punishable under Sections 498A, 306, 323, 114 and 149 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Np/-
Sd/- JUDGE