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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER 2018
BEFORE
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200834/2018
BETWEEN:
ANIL S/O MOGALAPPA BASANTOURE
AGE: 31 YEAS OCC: LABOUR
R/O: CHAMBOL TQ DIST: BIDAR-585401.
… PETITIONER
(BY SRI. J.K.BUKKA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH ITS POLICE STATION THANAKUSHNOOR
BY ADDITIONAL PUBLIC PROSECUTOR
HIGH COURT KALABURAGI-585104.
… RESPONDENT
(BY SRI.P.S.PATIL, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CRIMINAL PROCEDURE CODE PRAYING TO ALLOW
THE PETITION AND RELEASE THE PETITIONER IN
CRIME.NO.50/2018 NOW C.C.NO.78/2018 REGISTERED
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498(A), 306, 504 AND 506 READ WITH SECTION 34 OF
INDIAN PENAL CODE OF POLICE STATION
THANAKUSHNOOR TQ: AURAD, NOW PENDING BEFORE
THE SENIOR CIVIL JUDGE AND JMFC, AT AURAD.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
The petitioner who is the sole accused has filed this
petition under Section 439 of Criminal Procedure Code,
seeking regular bail in Crime.No.50/2018 of
Thanakushnoor Police Station Tq: Aurad, registered for the
offences punishable under Sections 498(A), 306, 504 and
506 read with Section 34 of Indian Penal Code, pending
before the Senior Civil Judge and JMFC at Aurad.
2. I have heard the learned counsel for the
accused-petitioner as well as the learned High Court
Government Pleader appearing for the respondent-State.
3. The brief facts of the case are that, the
daughter of the complainant by name Shashikala was
given in marriage to accused about 02 years prior to the
date of incident and they have no children. The couple
were living in Hyderabad and thereafter, about 07 months
back, the accused-petitioner brought Shashikala to
Hedagapur village and left her in the parental house. On
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enquiry by the complainant, she informed him that, the
accused was unnecessarily harassing her both physically
and mentally. It is the case of the prosecution that, the
accused was telling her wife-Shashikala that, she should
not come to Hyderabad and in this regard he was
threatening her and also telling her that she should
commit suicide either by jumping into the well or by
consuming poison. On 22.03.2018 Shashikala committed
suicide by consuming poison. Immediately, she was shifted
to Sattur Government Hospital and from there to the
Government Hospital in Bhalki. However, on the way to
the Hospital at about 10:00 p.m. she died.
4. Learned counsel appearing for the petitioner
submits that at the time of the incident, the deceased was
in her parental house and due to some matrimonial dispute
now a false case has been filed against the petitioner by
the father of the deceased. He submits that the petitioner
was arrested on 03.04.2018 and now the investigation is
completed and charge sheet has been filed. Accordingly,
he prays to allow the petition.
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5. Per contra, learned High Court Government
Pleader submitted that it is on account of the abetment by
the accused, the deceased has committed suicide by
consuming poison. He further submits that the accused
used to threaten the deceased over phone and this has
been informed to her by her parents. Therefore, he
submits that there is a prima facie case against the
petitioner.
6. It is evident that at the time of the incident the
deceased was not in the house of the accused. Even as
per the first information report, the accused had brought
the deceased and left her in the matrimonial house. The
prosecution case is that on 18.03.2018 on the day of Ugadi
festival the accused is said to have telephoned the
deceased and told her that he will not take her to
Hyderabad and if at all she comes to Hyderabad, he will
commit the murder of her family members and further he
has told that she should commit suicide by either
consuming poison or by jumping into the well. According to
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the prosecution, this was told by the deceased to her
family members on enquiry. Whether there is any ill-
treatment and abetment by the accused on account of
which the deceased has committed suicide is a matter to
be established during the trial. At this stage, I am of the
view that the accused may be released on bail on imposing
conditions. Accordingly, I pass following;
ORDER
The petition is allowed.
The accused-petitioner shall be enlarged on bail in
respect of Crime No.50/2018 of Kushnoor P.S., Tq. Aurad
(B), Dist: Bidar for the offences punishable under Sections
498A, 306, 504, 506 read with Section 34 of Indian Penal
Code, pending on the file of Senior Civil Judge JMFC at
Aurad in CC No.78/2018, on the following conditions;
i. The Accused/petitioner shall execute his
personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with two
solvent sureties for the likesum to the
satisfaction of the committal/trial Court.
6ii. The Accused/petitioner shall not either
directly or indirectly tamper with the
prosecution witnesses and he shall not
hamper the case of the prosecution in
any manner.
iii. The Accused/petitioner shall be regular in
attending the Court proceedings.
iv. The accused/petitioner shall not leave
the jurisdiction of the trial Court without
the prior permission of the learned
Sessions Judge.
Sd/-
JUDGE
KJJ/BL
