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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
