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Sri Devaraja vs The State Of Karnataka on 7 November, 2017

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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

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