SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Ananda B vs The State Of Karnataka on 4 April, 2019

1

CRL.P. NO.8587/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.8587 OF 2018

BETWEEN:

ANANDA. B
S/O. BOREGOWDA
AGED ABOUT 35 YEARS
RESIDING AT KIRANGURU VILLAGE
K. SHETTAHALLI HOBLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT
PIN CODE: 571 430 … PETITIONER

(BY SHRI VEERANNA G. TIGADI, ADVOCATE)

AND:

THE STATE OF KARNATAKA
BY SRIRANGAPATNA TOWN POLICE STATION
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001 … RESPONDENT

(BY SMT. B.G. NAMITHA MAHESH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.18/2018 OF SRIRANGAPATNA POLICE STATION, MANDYA DISTRICT
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B, 34 OF
IPC AND SECTIONS 3 AND 4 OF D.P. ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
2

CRL.P. NO.8587/2018

ORDER

This petition under Section 439 of Cr.P.C. is filed

by accused No.1 seeking enlargement on bail in

Crime No.18/2018 registered in Srirangapatna Police Station

for offences punishable under Sections 498A and

304B read with 34 of IPC.

2. Heard Shri Veeranna G. Tigadi, learned advocate for the

petitioner and Smt. B.G. Namitha Mahesh, learned HCGP for

the State.

3. Petitioner is accused of commission of offences

punishable under Sections 498A and 304B read with 34

of IPC as per complaint dated 26.01.2018 lodged by his

father-in-law Kempaiah S.K., registered as FIR No.18/2018 in

Srirangapatna Police Station, Mandya.

4. Learned advocate for the petitioner submits that

petitioner was married with Spoorthy on 19.06.2017. On

26.01.2018, Spoorthy committed suicide. Accordingly,

Spoorthy’s father lodged the instant complaint against

petitioner and his parents. Police, after investigation have
3

CRL.P. NO.8587/2018

filed charge sheet against three accused persons and trial is

pending in the Court of III Additional District Sessions

Judge, Mandya. Petitioner was arrested on 27.01.2018 and

he has remained in custody since then. Petitioner’s father was

granted bail by learned Additional District Judge in

C.MISC.No.5148/2018 decided on 09.05.2018. Petitioner’s

mother was granted bail by this Court

in CRL.P.No.3831/2018 decided on 14.06.2018.

5. Shri Tigadi submits that deceased Spoorthy was

mentally unstable. She had attempted to commit suicide on

three earlier occasions. He has produced medical records of

JSS Hospital, Mysuru, to show that Spoorty had attempted to

commit suicide on 23.01.2017. On the last date of hearing,

this Court had directed the learned HCGP to complete

instruction on this aspect. Accordingly, learned HCGP has

produced the full medical records of JSS Hospital, Mysuru.

6. A careful perusal of the case sheet maintained by the

JSS Hospital shows that deceased had a previous history of

suicide. It is also recorded that there is a family history to

commit suicide and Spoorty’s maternal uncle
4

CRL.P. NO.8587/2018

also had attempted to commit suicide. With regard to mental

condition of the deceased, one doctor Shivanand of JSS

Hospital has opined as “impulsive self harm”.

7. Shri Tigadi further submitted that petitioner is aged 35

years and he is an agriculturist. Accordingly, he prays that

petitioner be enlarged on bail.

8. Learned HCGP opposing the petition argued that there

is an audio clip, which prima facie shows that petitioner is

responsible for driving the victim to commit suicide.

9. I have carefully considered the rival contentions and

perused the records.

10. Medical records shows that the victim had attempted to

commit suicide on 23.01.2017 and doctors attending on her

have opined as noted hereinabove. Marriage has taken place

nearly five months after the said incident. Unfortunately,

within next seven months, victim has passed away by

committing suicide.

5

CRL.P. NO.8587/2018

11. Medical report by JSS Hospital shows that the victim

had a family history of suicidal tendency and she had also

attempted to commit suicide. Since, the medical opinion

shows the condition of the deceased Spoorty as “impulsive

self harm”, in my view, petitioner shall be entitled for bail.

12. In the result, this petition merits consideration and

deserves to be allowed. Accordingly, it is directed that:

(i) Petitioner shall be released on bail in
Crime No.18/2018 registered in
Srirangapatna Town Police Station, upon his
executing a self bond for a sum of
Rs.1,00,000/- with two solvent sureties for
the likesum to the satisfaction of the
jurisdictional Court;

(ii) Petitioner shall not tamper with the
evidence;

(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise to
prosecution witness or any person
acquainted with the facts of the case, so as
to dissuade him from disclosing such facts
to the Court or investigating officer;

6

CRL.P. NO.8587/2018

(iv) Petitioner shall not involve himself in any
criminal activities and;

(v) If the petitioner violates any one of the
conditions, the prosecution shall be at liberty
to seek cancellation of bail.

Petition allowed.

Sd/-

JUDGE

AV

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation