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CRL.P No. 12798 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON’BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 12798 OF 2023
BETWEEN:
ANIL KUMAR D,
S/O DEVAPUTRA,
AGED ABOUT 36 YEARS
PERMANENT RESIDENCE: NO. 3-48,
NEAR ROAD, BELAGUNDA,
YADAGIRI TALUK, YADAGIRI DISTRICT- 585 221,
PRESENTLY R/AT NO. 11,
TENGINA THOTA, MAHADESHWARA NAGAR,
MAGADI MAIN ROAD,
BENGALURU – 560 091.
…PETITIONER
(BY SRI. SHANKAR T.N, ADVOCATE)
AND:
Digitally signed
by B A
KRISHNA THE STATE OF KARNATAKA BY
KUMAR
Location: HIGH BYADARAHALLI POLICE STATION, BENGALURU.
COURT OF
KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU – 560 001.
…RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CODE OF CRIMINAL PROCEDURE PRAYING TO ENLARGE
THE PETITIONER ON BAIL IN CR.NO.924/2023 OF
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CRL.P No. 12798 of 2023
BYADARAHALLI POLICE FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 498A, 306 OF IPC, PENDING ON
THE FILE OF CHIEF JUDICIAL MAGISTRATE, BENGALURU
RURAL DISTRICT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused in Crime No.924/2023 registered by
Byadarahalli Police Station, Bangalore, for the offences
punishable under Sections 498-A, 306 of the Indian Penal
Code, is before this Court under Section 439 of Cr.P.C.
2. Heard learned counsel for the parties.
3. FIR in Crime No.924/2023 was registered by
Byadarahalli Police Station, Bangalore against the
petitioner for the above said offence based on the
complaint filed by Chandamma who is the mother of the
deceased Hanumanthi. In the complaint dated
11.11.2023, it is averred that the complainant’s daughter
Hanumanthi was in love with the petitioner herein and
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CRL.P No. 12798 of 2023
thereafter their marriage was performed on 02.11.2009.
From the wedlock, the couple had three children. It is
further averred in the complaint that the petitioner had
illicit relationship with another lady and after the deceased
came to know about the same, she had questioned
petitioner about the illicit relationship. It is alleged that the
petitioner was in the habit of consuming alcohol and
assaulting the deceased. On 10.11.2023, complainant
came to know that her daughter had consumed poison and
was admitted to the hospital. When she visited the
hospital and enquired with her daughter, she disclosed
that her husband was giving physical and mental
harassment and he was having illicit relationship with
another lady. Subsequently, she died in the hospital on
11.11.2023. During the course of investigation, the
petitioner was arrested on 11.11.2023. The bail application
filed before the VIII Additional District District and
Sessions Judge, Bengaluru Rural District in Crl.Misc.
Petition No.2498/2023 was rejected on 02.12.2023.
Therefore, the petitioner is before this Court.
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CRL.P No. 12798 of 2023
4. Learned Counsel for the petitioner has reiterated
the grounds urged in the petition and prays to allow the
petition.
5. Per contra, the learned HCGP opposed the bail
application.
6. From the reading of the complaint averments, it is
seen that the marriage of the petitioner and deceased was
a love marriage. From the wedlock, they have three
children. Learned counsel appearing for the petitioner has
stated that the age of the children is 11 years, 8 years and
5 years respectively. As per the complaint averments,
since the petitioner had illicit relationship with another
lady, there was a frequent quarrel between the deceased
and the petitioner. It is averred that the petitioner was in
the habit of consuming alcohol and assaulting the
deceased. However, there is no averment in the complaint
about any incident that had taken place immediately prior
to 11.11.2023 which would have either abetted or
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instigated the deceased to commit suicide. Petitioner has
three minor children and he is required to take care of the
said minor children. For the purpose of attracting the
offence under Section 306 of IPC, the petitioner should
have abetted or instigated the deceased to commit
suicide. Prima facie, the said ingredients are absent in the
complaint. In the present case, there is no material to
show that the petitioner had either abetted or instigated
the deceased to take the drastic step of committing
suicide. Under these circumstances, I am of the view that
the prayer made by the petitioner for grant of bail is
required to be answered affirmatively. Accordingly, the
petition is allowed.
ORDER
(i) The petition is allowed.
(ii) The petitioner is directed to be enlarged on bail in
Crime No.924/2023 registered by Byadarahalli Police
Station, Bangalore, for the offences punishable under
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Sections 498-A, 306 of the Indian Penal Code, subject to
the following conditions:
(a) Petitioner shall execute personal bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with one
surety for the likesum, to the satisfaction of the
jurisdictional Court;
(b) The petitioner shall appear regularly on all the
dates of hearing before the trial Court unless the
trial Court exempts his appearance for valid
reasons;
(c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
(d) The petitioner shall not leave the jurisdiction of the
Trial Court without permission of the said Court
until the case registered against him is disposed
off.
(e) The petitioner shall not involve in similar offences
in future.
Sd/-
JUDGE
SNC