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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 19th day of April 2017
Before
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.100659/2017
BETWEEN
ALLAYYA S/O RUDRAYYA PUJAR
AGE: 51 YEARS, OCC: COOLIE
R/O: HONNAPUR
TAL DIST: DHARWAD. …PETITIONER
(BY SRI. ANIL KALE, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH P S I
DHARWAD RURAL POLICE STATION
REPTD BY SPP HCKB
DHARWAD. …RESPONDENT
(BY SRI.PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO ALLOW THE PETITION AND ENLARGE
THE PETITIONER ON BAIL IN DHARWAD RURAL POLICE
STATION IN CRIME NO. 211 OF 2015 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 498(A), 323, 306 READ WITH
SECTION 34 OF IPC IN CRIMINAL CASE NO. 3019 OF 2016
(S.C.NO. 155 OF 2016).
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT, MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner/accused No.1
under Section 439 of the Code of Criminal Procedure
seeking his release on bail of the offences punishable
under Sections 498A, 323 read with Section 34 of the
Indian Penal Code registered in respondent-Police Station
Crime No.211/2016. But, later, after the demise of the
deceased, and as per the requisition made by the police,
the offence under Section 306 of IPC is also inserted in the
case.
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused No.1 and also the
learned High Court Government Pleader appearing for the
respondent-State.
3. Learned counsel for the petitioner made the
submission that though there is allegation in the complaint
that ill-treatment was given by the petitioner and also by
other members of the family, the averments in the
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complaint also go to show that the deceased herself
poured kerosene and lit fire to herself. It is also his
submission that there is no dying declaration given by the
deceased. He also submitted that under similar set of
circumstances and on the same allegations, accused No.2
had approached this Court by filing Crl.P. No.101549/2016
and this Court has granted bail in respect of accused No.2.
Hence, he submitted that, by imposing reasonable
conditions, the petitioner may be enlarged on bail.
4. Per contra, the learned Government Pleader made
the submission that the petitioner is the husband of the
deceased. Looking to the complaint there are specific
allegations against the present petitioner that he used to
ill-treat and harass the deceased. He also made the
submission that looking to the chargesheet material, the
statement of witnesses, they clearly go to show that the
present petitioner, along with his family members, used to
ill-treat and harass the deceased and thereby, they have
abetted the commission of the offence. Hence, he
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submitted that the petitioner is not entitled to be granted
with bail.
5. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials produced
along with the petition. I have also perused the order
dated 27th February 2017 passed in Crl. P.
No.101549/2016, which was filed by accused No.2 seeking
his release on bail, and this Court allowed the said petition
and ordered to release accused No.2 on bail. Looking to
the allegations made in the complaint, they are against all
the three accused persons. Now, the investigation has
been completed and chargesheet has been filed. The
alleged offence under Section 306 is not exclusively
punishable with death or imprisonment for life. Therefore,
on the ground of parity, the present petitioner can be
enlarged on bail.
6. Accordingly, petition is allowed. The petitioner is
ordered to be released on bail in connection with Crime
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No.211/2016 registered in respondent-police station for
the alleged offences, subject to the following conditions:
i) Petitioner shall execute personal bond for
a sum of Rs.1,00,000/- with one surety
for the like sum to the satisfaction of
concerned Court.
ii) Petitioner shall not tamper with any of
the prosecution witnesses directly or
indirectly.
iii) Petitioner shall appear before the
concerned Court on all the future hearing
dates unless exempted by the Court for
genuine reasons.
iv) Petitioner shall not leave the jurisdiction
of the trial Court without prior permission
till the case registered against him is
disposed of.
Sd/-
JUDGE
Kms
