Sri T K Girish vs The State Of Karnataka on 15 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.3818/2017
BETWEEN:

SRI T K GIRISH
S/O KRISHNAMURTHY
AGED ABOUT 35 YEARS,
R/AT SRIRAMAPURA BEEDI
T NARASIPURA TOWN
MYSORE DISTRICT-571301
KARNATAKA STATE.
…PETITIONER
(BY SRI.MANU B P., ADV.)

AND

THE STATE OF KARNATAKA
REP. BY SPP, HIGH COURT COMPLEX,
BANGALORE-560001.
…RESPONDENT

(BY SRI.CHETAN DESAI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN S.C.NO.387/2016 (CR.NO.231/2016) REGISTERED
BY T.NARASIPURA POLICE FOR THE OFFENCE P/U/S 306,
324 AND 498(A) OF IPC ON THE FILE OF V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MYSURU.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

under Section 439 of Cr.P.C. seeking his release on bail

of the offences punishable under Sections 498A and

302 of IPC, registered in respondent – police station

Crime No.231/2016. But after conducting the

investigation, charge sheet came to be filed for the

offence punishable under Section 306, 324 and 498A of

IPC.

2. Brief facts of the prosecution case that the

father of the deceased lodged the complaint, wherein he

has stated that the deceased was given in marriage to

the petitioner about nine years back. It is also stated in

the complaint that the accused was suspecting the

fidelity of the daughter of the complainant whenever she

used to receive the phone calls and on that ground the
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petitioner was giving ill-treatment and harassment to

her and because of the said ill-treatment and

harassment, she committed suicide. On the basis of the

said complaint, case came to be registered for the said

offence.

3. 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.

4. During the course of arguments, learned

counsel for the petitioner drew the attention of this

Court to two death notes said to have been left by the

deceased. The learned HCGP has submitted that these

two death notes were referred to handwriting expert and

the expert has given the opinion that they are the hand

writings of the deceased.

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5. Perusing the two death notes, wherein it is

mentioned that the victim herself took a decision to put

an end to her life and nobody is responsible for her

death. It is contended by the petitioner that he is

innocent and not involved in committing the alleged

offence, he has been falsely implicated in the case and

he has also undertaken to abide by any conditions to be

imposed by this Court. It is also submitted by both

sides that investigation is completed and charge sheet

has been filed. Therefore, looking to the contents of the

two death notes and as the alleged offence is also not

exclusively punishable with death or imprisonment for

life, I am of the opinion that by imposing reasonable

conditions, petitioner can be released on bail.

6. Accordingly, petition is allowed.

Petitioner/accused is ordered to be released on bail in
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Crime No.231/2016 registered for the above said

offence, subject to the following conditions:

i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
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 has to appear before the
concerned Court regularly.

Sd/-

JUDGE

BSR

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