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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