Yallalinga @ Santhosh vs State Of Karnataka By on 15 December, 2017

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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
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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.

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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
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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
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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

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