IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8729/2017 BETWEEN:
Yallalinga @ Santhosh S/o Baragala Sidda Aged about 25 years Working at Himalaya Factory Permanent Resident of Gowdagao Village Afjalpura Taluk Kalburgi-585 301.
Mysore City-570 022. ... PETITIONER (By Sri Kumara K G, Adv.) AND:
State of Karnataka By Madanayakanahalli Police Bengaluru-562 162.
Represented by learned State Public Prosecutor High Court of Karnataka Bangalore-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr. No.166/2017 (Spl.C.C.No.205/2017) of Madanayakanahalli P.S., Bangalore for the offences P/U/Ss 498A, 306 of IPC and Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER This petition is filed by the accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 498A, 306 of IPC and under Section 3(2)(5) of the SC/ST (POA) Act, 1989 registered in respondent – police station Crime No.166/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
4. Father of the deceased is the complainant. He has stated that his daughter deceased Manjula fell in love with the accused. As such, her marriage was performed with him. After the marriage they were living together in a rented house. The accused was not talking to the deceased properly. On 8.4.2017 at about 5.00 a.m. the accused called the complainant to come to the house. On going there, the complainant came to know that his daughter had committed suicide. It is mentioned in the complaint that the accused was not liking his wife and her relatives and he was giving ill- treatment to his daughter.
5. The petitioner who is the husband of the deceased denied the allegations in the complaint. Looking to the materials placed on record it is seen that the deceased has not left any note regarding the alleged ill-treatment or harassment by her husband. It is the allegation made by the complainant-father.
6. The petitioner has contended in the petition that there is a false implication. He is innocent and not committed the alleged offences. He has undertaken to abide by any reasonable conditions to be imposed by this Court. Now the investigation is completed and charge sheet is also filed. The alleged offences under Sections 498A and 306 of IPC are not exclusively punishable with death or imprisonment for life. From the date of arrest, the petitioner is in custody. Considering these material, I am of the opinion that by imposing reasonable conditions petitioner can be admitted to regular bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 498A, 306 of IPC and under Section 3(2)(5) of the SC/ST (POA) Act, 1989 registered in respondent – police station Crime No.166/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.
Sd/- JUDGE bkp