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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 7921/2017
BETWEEN:
Sri. Devaraja,
Aged about 32 years,
R/o. Kurubarahalli Village,
Kasaba Hobli,
Doddaballapura Taluk-561 203,
Bengaluru Rural District. … Petitioner
(By Sri. Harish N.R., Adv.)
AND:
The State of Karnataka by
Doddaballapura Rural Police,
Represented its
State Public Prosecutor,
High Court Buildings,
Bangalore – 560 001. … Respondent
(By Sri. K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
S.C.No.10012/2017 pending on the file of the IV Additional
District and Sessions Judge, Doddaballapura, Bengaluru
Rural District and Crime No.52/2017 of Doddaballapura
Rural Police Station, Bengaluru District, for the offence
P/U/S 306, 302, 498A R/w 34 of IPC.
This Criminal Petition coming on for orders, this day,
the Court made the following:
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ORDER
This is a petition filed by the petitioner/accused
under Section 439 of Cr.P.C., seeking his release on bail
for the offences punishable under Sections 498-A and
306 IPC registered in the respondent – Doddaballapura
Rural Police in Crime No.52/2017.
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. The brother of the deceased is
the complainant wherein it is stated that the present
petitioner used to ill treat and harass the deceased and
when it became intolerable, the deceased firstly caused
the death of her daughter and thereafter she committed
suicide by hanging.
3. Learned counsel appearing for the petitioner /
accused submitted that the marriage of the petitioner
with the deceased took place at about 8 years back and
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two children are born in the wed lock, one male and one
female; there are no serious allegation in the complaint;
the petitioner is having aged mother and one small son
and there is no other person in the family to look after
them and since now the investigation is completed and
charge sheet is filed, he sought for release of the
petitioner on bail by imposing reasonable conditions.
4. Per contra, the learned Government Pleader
made a submission that the mother of the petitioner /
accused who is CW.2, herself is a witness to the ill-
treatment and harassment. Further he referred to the
statement of the mother which prima facie goes to show
the ill-treatment and harassment meted out to the
deceased by the present petitioner. Hence he submitted
that the petitioner is not entitled to be granted bail.
5. I have perused the grounds urged in the bail
petition, the FIR, complaint and other materials
produced in the case and so also statement of the
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mother of the petitioner/accused wherein during
investigation before the Police, she has stated about the
ill-treatment and harassment meted out by the
deceased by the present petitioner. The deceased has
also stated in her statement about the ill treatment and
harassment itself is the main cause for her to commit
suicide. The materials also go to show that the
deceased thinking that if she commits suicide nobody
will be there to look after her daughter, she caused the
death of her daughter and thereafter she committed
suicide by hanging. The incident has taken place in the
residence of the petitioner and being the husband, he
has to explain the circumstances under which the
deceased has committed the suicide. In such case,
burden cannot cast on the prosecution and it is on the
accused himself who has to explain all these
circumstances, as per Section 106 of the Indian
Evidence Act. Considering all these materials on record,
it is not the fit case to consider for grant of bail.
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Hence, the petition is rejected.
Sd/-
JUDGE
RS/*
Ct-ADP