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Judgments of Supreme Court of India and High Courts

Thippeswamy vs The State Of Karnataka on 4 April, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.1770/2018

BETWEEN:

THIPPESWAMY
S/O ANJINAPPA
AGED ABOUT 37 YEARS
R/AT LINGADAHALLI VILLAGE
PAVAGADA TALUK
TUMKURU DISTRICT
… PETITIONER

(BY SRI PRABHU SWAMY, ADV.)

AND:

THE STATE OF KARNATAKA
BY THE ARASIKERE POLICE STATION
PAVAGADA TALUK, TUMKURU DISTRICT
REP. BY THEIR STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE-560 001
…RESPONDENT

(BY SRI S VISHWAMURTHY, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.52/2016 (C.C. NO.330/2017) OF
ARASIKERE POLICE STATION, TUMAKURU DISTRICT FOR
THE OFFENCE P/U/S 498A, 504, 323, 306 R/W 34 OF IPC
AND ETC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This is a petition filed under Section 439 Cr.P.C.

by accused No.1 in Crime No.52/2016 registered by the

respondent-Police for the offences punishable under

Sections 498A and 306 read with Section 34 IPC.

2. The complaint was made by Anitha with regard

to the suicide committed by her sister Anju. The

complaint discloses that the petitioner married the

deceased Anju about two years prior to the filing of the

complaint. They lived cordially for about six months

and thereafter the petitioner and his mother started

harassing and illtreating her. The deceased also gave

birth to a female child which survived only for three

months. On 12.02.2015 the deceased came to the

house of the complainant and stated that her husband

and mother-in-law threw her out of the house

suspecting her fidelity. On 13.02.2015 when the
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complainant had been to the School where she was

working as a Peon, she came to know from her

neighbour that her sister had committed suicide by

setting herself ablaze. It is further stated that the

husband of the deceased and her mother-in-law are

responsible for the suicide committed by the deceased.

3. After investigation, charge-sheet has been filed.

The complaint discloses that the deceased had become

desperate in life on account of the ill-treatment meted

out to her by her husband and mother-in-law. To what

extent the involvement of this petitioner is there in the

suicide committed by his wife is a matter of proof before

the trial Court. At this stage, prima facie materials are

not forthcoming. Therefore, I am of the opinion that the

petitioner can be released on bail.

4. Accordingly, the following:

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ORDER

(a) Petition is allowed.

(b) Petitioner shall be released on bail by

obtaining from him a bond for Rs.50,000/-

(Rupees Fifty Thousand only) with one surety

for the likesum to the satisfaction of the trial

court. He is subjected to following conditions: –

(i) He shall cooperate with the investigation

officer during investigation.

(ii) He shall not destroy the evidence.

(iii) He shall not threaten the witnesses.

Sd/-

JUDGE

Akc

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