IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY 2019
BEFORE
THE HON’BLE MR. JUSTICE H.P. SANDESH
CRL.P. No.102425/2018
BETWEEN:
ABDUL LATIF S/O ABDUL RASUL MUCHALE
AGE: 29 YEARS, OCC: PRIVATE SERVICE,
R/O: 2ND CROSS, IBRAHIMPUR,
OLD HUBBALLI. TQ: HUBBALLI,
DIST: DHARWAD.
… PETITIONER
(BY SRI. R H ANGADI, ADV.)
AND
THE STATE OF KARNATAKA
KASABAPETH POLICE STATION,
HUBBALLI,
AND REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
… RESPONDENT
(BY SRI. PRAVEEN K.UPPAR, HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ALLOW THE PETITION AND
ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL
IN CONNECTION WITH KASABAPETH POLICE STATION
CRIME NO.24/2018, DATED 16.02.2018, FOR THE
OFFENCES P/U/S 498-A, 304-B R/W 34 OF IPC AND
SEC. 3 4 OF D.P. ACT, 1961, PENDING IN
C.C.NO.648/2018 ON THE FILE OF THE JMFC III-
COURT, HUBBALLI.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE MADE THE FOLLOWING:
ORDER
I have heard the augments of the petitioner’s
counsel and also the learned H.C.G.P. for the
respondent.
2. This petitioner is arrayed as accused No.1.
The factual matrix of the case, is that the mother of the
victim has filed the complaint making allegation that
this petitioner and other family members have subjected
her daughter for harassment and also they were
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demanding to bring more money from her parents and
also subjected her for assault. Particularly, on
15/2/2018 at about 8.00 p.m. she has received a call
from her daughter and the victim had revealed that her
mother-in-law, sister-in-law and husband of the sister-
in-law have confined her in a room and they were
assaulting with a belt and on the next day morning, she
has received a phone call that her daughter has
committed a suicide in the house of the petitioner and
thereafter, she went and lodged the complaint. The
contention of the petitioner in the petition is that there
is no specific allegation against this petitioner regarding
the harassment and demand of dowry and general
allegation is made against this petitioner as well as
other members of the family and the allegations against
this petitioner is that he also subjected her for
harassment. It is contended that he is in custody from
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18/2/2018 and now the investigation has been
completed and the police have filed the charge sheet
and he is ready to obey the conditions that may be
imposed by this Court.
3. The learned HCGP in his arguments
contends that the marriage was taken place at
17/5/2017 and she has committed suicide on
16/2/2018 and that too in the residence of this
petitioner. He further contends that all the family
members also subjected the deceased for harassment
and when she was unable to tolerate the harassment,
she took an extreme step to commit suicide. She also
left a death note before committing the suicide and in
the death note, she has made an allegation against this
petitioner and also against other three persons. Hence,
there is a prima facia material to believe the case of the
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prosecution and hence, the petitioner is not entitled for
bail.
4. Having heard the arguments of the
petitioner’s counsel and also the learned H.C.G.P. for
respondent, this Court has to examine whether this
Court can exercise the powers under Section 439 of
Cr.P.C. The case of the prosecution is that she was
subjected to harassment by this petitioner and also by
the family members and invokes Section 498A and
302 B of IPC.
5. On perusal of the factual matrix of the case,
she has committed a suicide within 7 to 8 months and
marriage was solemnized on 17/5/2017 and she
committed a suicide on 16/2/2018 and PM report
which is produced along with this petition discloses that
the death is due to asphyxia as a result of hanging. No
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dispute with regard to the fact that she has committed a
suicide and whether she was subjected to harassment
by this petitioner has to be ascertained during the
course of the trial.
6. Having taken note of the other petitioners
were also enlarged on bail, by this Court, in
Crl.P.No.100634/2018 and Crl.P.No.101393/2018 and
the investigation has already been completed and
personal presence of this petitioner is also not required,
this Court can exercise power under Section 439 of
Cr.P.C. subject to certain conditions and the interest of
the prosecution also can be safeguarded by imposing
certain conditions.
7. In view of the above, this petition is allowed.
Petitioner is directed to be enlarged on bail in
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connection with Crime No.24/2018 subject to following
conditions:
ORDER
(i) The petitioner shall execute a personal bond in
a sum of Rs.1,00,000/- and furnish one surety
for the like-sum to the satisfaction of the
concerned Court.
(ii) The petitioner shall not leave the jurisdiction of
the concerned Court without prior permission.
(iii) The petitioner shall not tamper the prosecution
witnesses.
Sd/-
JUDGE
Vmb
