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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2nd DAY OF JUNE 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.3747/2017
BETWEEN:
NAYAJ AHAMMED @ NAYAJ
S/O LATE RIYAZ AHAMMED
AGED ABOUT 20 YEARS
R/AT NO.3317, 7TH MAIN
3RD CROSS, VIDYARANYAPURAM
MYSURU
MYSURU DISTRICT – 577 117. …PETITIONER
(BY SRI B.LETHIF, ADV.)
AND:
STATE OF KARNATAKA
BY VIDYARANYAPURA POLICE STATION
MYSURU
MYSURU DISTRICT
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560 001. …RESPONDENT
( BY SRI CHETAN DESAI, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.114/2016 OF VIDYARANYAPURAM P.S., MYSURU CITY
FOR THE OFFENCES P/U/S 498A AND 304B OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the
petitioner/accused and the learned High Court Government
Pleader appearing for the respondent-State.
2. The petitioner is charge sheeted by the
respondent-police in their Cr.No.114/16 in respect of the
offence punishable under sections 498-A, 304-B and 306 of
IPC.
3. The allegation is, the deceased Rathna and the
petitioner married on their own and were residing together.
Rathna was a widow having a female child. However, she
gave birth to a male child from her relationship with the
petitioner. The petitioner was an alcoholic and was not
earning. He used to pester the deceased for money. The
petitioner had illicit relationship with another woman and
brought her to the house. However, on the deceased and
her mother taking exception, said woman excused. On
15.11.2016 the petitioner quarreled with the deceased and
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physically harassed her. Frustrated by his torturous
treatment, she committed suicide by hanging herself.
4. Learned counsel for the petitioner submits that
in fact the deceased and the petitioner were not married. It
was a living together relationship. The post mortem report
does not evince mark of violence on the body of the
deceased. The petitioner is not a criminal. Investigation
having been complete, the petitioner may be enlarged on
bail.
5. Learned Government Pleader opposing the
petition submits that, whether or not there is a legal
marriage between the petitioner and the deceased, is not
the crux of the matter. He has harassed the deceased,
brought another woman to the same house only to see that
the deceased is harassed. If he is enlarged on bail, he will
tamper with the witnesses.
Perused the prosecution papers. Having noticed that
the nature of the allegation requires the prosecution to
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establish their case by way of circumstantial evidence, the
petitioner need not be continued in custody.
Accordingly, the petition is allowed. Petitioner is
enlarged on bail in Crime No.114/2016 of respondent-
police, subject to the following conditions:
(i) He shall execute a self bond for a sum of
Rs.1,00,000/- with one surety for the
likesum to the satisfaction of the
concerned Court.
(ii) He shall attend the Court on all hearing
dates regularly and punctually.
(iii) He shall not terrorize the prosecution
witnesses.
Sd/-
JUDGE
Dvr: