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Judgments of Supreme Court of India and High Courts

Anil vs The State Of Karnataka on 24 September, 2018

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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.
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ii. 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

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