IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.321/2019 BETWEEN:
Yallappa @ Yallappa S/o Late Parasappa, Aged about 27 years, Security Guard, R/o Near Banni Mahakaali Temple, Bagath Singh Nagara, Davanagere-577 003. …Petitioner (By Sri K.N. Jayaprakash, Advocate) AND:
The State of Karnataka Women Police Station, Davanagere, Rept. By its SPP, High Court Building, Bengaluru-560 001. …Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.128/2018 of Women Police Station, Davanagere for the offence punishable under Section 498(A), 306, 504, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C to release him on bail in Crime No.128 /2018 of Women Police Station, Davanagere for the offences punishable under Sections 306, 498A, 504, 506 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case is that the second daughter of the complainant was married to the petitioner-accused No.1 in the month of June, 2011 at Davanagere. For some time, they led happy marital life. Thereafter, the petitioner-accused No.1 along with his parents started to harass and ill-treat the deceased for silly reasons and used to assault and abuse her in filthy language. On 20.08.2018, one Umesh informed the complainant over the phone about ill-treatment and harassment meted out by her husband-petitioner-accused No.1 along with his family members and on the same day at about 4.00 p.m., Lavanya-deceased unable to tolerate the harassment, committed suicide in her matrimonial house by hanging. Accordingly, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that no injuries were found over the body of the deceased. Petitioner-accused No.1 got married with the deceased by loving her and they were living happily in the matrimonial house for more than eight years. He further submitted that in respect of other family members, the Investigating Officer has dropped their names and charge sheet has been filed only against the petitioner- accused No.1 that too under Section 306 of IPC and other sections of IPC. There are no eyewitness to the allege incident and even the deceased used to threaten the petitioner-accused No.1 to make a separate house and that if he does not make a separate house, then she would commit suicide. He is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the alleged offences are serious offence. Petitioner-accused No.1 along with his family members started ill-treating and harassing the deceased for silly reasons. She further submitted that before the alleged incident, the owner of the house hear the Galata and when she came out and saw, petitioner-accused No.1 was present and deceased was laying on the road. She further submitted that the alleged offence is punishable with imprisonment for ten years. If the petitioner-accused No.1 is enlarged on bail, he may abscond and he may not be available for trail. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. The contents of complaint makes it clear that the case was registered under Section 498A, 504, 506, 114 and 302 read with Section 34 of IPC. Subsequently, the charge sheet has been filed only under Sections 306, 498A, 504, 506 of IPC only against petitioner-accused No.1. As could be seen from the charge sheet material, there are no allegations made against the petitioner- accused No.1 so as to attract the provisions of Section 306 of IPC. Though there is allegation of ill-treatment and harassment made on the deceased, the complaint indicates that the deceased has also attempted to commit suicide earlier and at that time, a case was registered and she was advised not to commit suicide. However, this is a matter which has to be considered and appreciated only at the time of trial.
8. Under these facts and circumstances, I feel that if the petitioner-accused No.1 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
9. In that light, the petition is allowed and petitioner-accused No.1 is ordered to be released on bail in in Crime No.128/2018 of Women Police Station, Davanagere for the offences punishable under Sections 306, 498A, 504, 506 of IPC subject to following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m before the jurisdictional police till the trial is concluded.
5. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE HA/-