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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.9349/2017
BETWEEN:
SANNBORIAH
S/O LATE JAVARIAH
40 YEARS
R/O ARAKERE VILLAGE
AND HOBLI
SRIRANGPATNA TALUK
MANDYA DISTRICT – 571 415
… PETITIONER
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADV.)
AND:
STATE OF KARNATAKA
BY ITS POLICE INSPECTOR
ARAKERE POLICE STATION
REPRESENTED BY SPP
HIGH COURT BUILDINGS
BANGALORE – 560 001
… RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.176/2017 OF ARAKERE
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POLICE STATION, MANDYA DISTRICT FOR THE
OFFENCE P/U/S 498A AND 306 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING
ORDER
This is a petition filed by the petitioner/accused
under sections 439 of Cr.P.C. seeking his release on bail
for the alleged offences punishable under Sections 498-A
and 306 of IPC registered in the respondent-police in
Cr.No.176/2017.
2. The deceased is one Jayakumari and the
complainant is the brother. On the basis of the complaint
lodged by the brother making allegations that his sister
was given in marriage to the petitioner herein and the
petitioner was giving ill-treatment and harassment to his
sister and he was also having illicit relationship with one
lady by name Savithri. Because of the ill-treatment and
harassment and the abusive words used by the petitioner,
so also about the physical and mental ill-treatment, the
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deceased committed suicide. On the basis of the said
complaint, a case came to be registered.
3. Heard the arguments of learned counsel for the
petitioner and also learned High Court Government
Pleader for the respondent-State.
4. Learned counsel made the submission that false
allegations are made against the present petitioner. He
also drawn the attention of the Court and original
complaint and also further statement of the complainant
and submitted that in the original complaint there are
allegations against this petitioner. But in the further
statement, complainant has given a goby of these
allegations. Hence submitted that in view of further
statement of the complainant, it clearly goes to show that
the offences under Section 498-A and 306 of IPC will not
be attracted in the present case. Hence learned counsel
submitted that there is no prima facie material as against
the present petitioner. Now the investigation of the case is
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completed and charge sheet is also filed, by imposing
reasonable conditions the petitioner-accused may be
enlarged on bail.
5. Per contra, learned High Court Government
Pleader made the submission that in the complaint there
are allegations made by the complainant. Nowhere in the
further statement he has stated that as the people were
talking and because of that reason he mentioned those
allegations in the complaint against the petitioner herein.
But he made the submission that the daughter and son of
the deceased and the petitioner herein are the eye witness
to the incident. Their statement was recorded by the
investigating officer during the investigation which clearly
establishes that there used to be frequent quarrel between
the petitioner and the deceased and the petitioner used to
assault the deceased and even the incident took place in
the matrimonial house itself. It is the other family
members informed the parental home of the deceased
about the incident. The petitioner has not at all informed
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those things immediately . Hence he submitted that there
is a prima facie case against the petitioner of his
involvement in the alleged offence. Therefore, he
submitted that the petitioner is not entitled for grant of
bail.
6. I have perused the grounds urged in the bail
petition, FIR and the complaint and other materials
produced in the case, so also perused the contents of the
complaint and further statement of the complainant. It is
true, in the further statement he has clarified that as
people who were talking about the petitioner herein,
accordingly he mentioned the name in the complaint. But
in fact, the complainant is not an eye witness. The
children i.e., the daughter and son of the deceased and
the petitioner herein are the eye witnesses to the incident.
7. Perusal of their statement recorded during the
investigation, they have clearly implicated the present
petitioner in committing the alleged offence. Perusing their
statement, prima facie it goes to show it is the petitioner,
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who abetted for commission of suicide by his wife i.e., the
deceased. Apart from that the incident took place in the
matrimonial house. Therefore, it is for the petitioner to
explain the circumstances under which the incident took
place.
8. Looking to all these materials collected during
the investigation, I am of the opinion it is not a fit case for
grant of bail. Accordingly the petitioner is hereby rejected.
Sd/-
JUDGE
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