Harisha @ Soma vs State By Jayapura Police on 28 August, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28th DAY OF AUGUST 2017

BEFORE

THE HON’BLE MRS.JUSTICE RATHNAKALA

CRIMINAL PETITION NO.6006/2017

BETWEEN:

1. HARISHA @ SOMA
S/O ERANNA
AGED ABOUT 30 YEARS

2. ERANNA
AGED ABOUT 60 YEARS

ALL ARE R/O HAROHALLI VILLAGE
JAYAPURA HOBLI
MYSORE TALUK – 570 008. …PETITIONERS

(BY SRI VENKATESH, ADV.)

AND:

STATE BY JAYAPURA POLICE
MYSORE TALUK
MYSORE DISTRICT – 570 008
REP. BY SPP
HIGH COURT BUILDING
BENGALURU – 560 001. …RESPONDENT

(BY SRI CHETAN DESAI, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN CR.NO.64/2017 (C.C.NO.606/2017) OF JAYAPURA P.S.,
MYSURU DISTRICT FOR THE OFFENCES P/U/S 498A, 304B, 302,
114 R/W 34 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel appearing for the

petitioners/accused and the learned High Court Government

Pleader appearing for the respondent-State.

2. The petitioners along with the co-accused are

charge sheeted by the respondent-police in their

Cr.No.64/2017 registered in respect of the offences

punishable under sections 498-A, 114, 302, 340(B) r/w

section 34 of IPC.

3. The allegation is, the 1st accused after having

affair with the deceased Megha for some time, married her.

Subsequent to the marriage, the accused persons (husband

and in-laws) harassed the deceased and her parents,

pestered the deceased to get gold ornaments from her

parents house and to get the house property transferred to

her name and also for cash amount of Rs.5 lakhs. In this
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regard a Panchayath was held. Though the parents of the

deceased requested that the property will be distributed

after the marriage of their children, the accused persisted

their ill-treatment to the deceased; unable to bear with

their harassment and atrocious treatment, the deceased

committed suicide by hanging herself to the roof, at the

matrimonial home.

4. Perused the charge sheet papers. The medical

opinion as to the cause of death was initially, due to

compression of neck. However, it varied to different

opinions and lastly lands up to the conclusion that ‘exact

cause of death cannot be opined’. There are no direct eye

witnesses to the incident. The material witnesses are kith

and kin of the deceased. The case of the prosecution rests

on the circumstantial evidence and the petitioners are the

family holders without criminal background and permanent

residents of cause title address. If their presence can be

secured before the court on the hearing dates, there is no

impediment to allow the petition.

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The petition is allowed. Petitioners are enlarged on

bail in Crime No.64/2017 of respondent-police, subject to

the following conditions:

(i) They shall execute a self bond for a sum
of Rs.1,00,000/- each with one local
surety for the likesum to the satisfaction
of the concerned Court.

(ii) They shall attend the Court on all hearing
dates regularly and punctually.

(iii) They shall not threaten the prosecution
witnesses.

Sd/-

JUDGE
Dvr:

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