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Abdul Latif S/O Abdul Rasul … vs The State Of Karnataka on 3 January, 2019

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
3

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
4

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
5

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
6

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
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