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B N Harish Kumar @ Cheathan vs The State Of Karnataka on 30 July, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF JULY, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.3685 OF 2019

BETWEEN

B.N.HARISH KUMAR @ CHEATHAN
S/O B.T.NARAYANA
AGED ABOUT 29 YEARS
R/AT ARAPATTU VILLAGE, KARADA POST
VIRAJPET TALUK
KODAGU DISTRICT – 571 218 …PETITIONER

(BY SRI GOPALAKRISHNAMURTHY. C., ADVOCATE)

AND

THE STATE OF KARNATAKA
VIRAJPET RURAL POLICE STATION
REP. BY SPP HIGH COURT
BENGALURU – 560 001 …RESPONDENT

(BY SRI K.P.YOGANNA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.35/2019 OF VIRAJPET RURAL P.S., KODAGU
FOR THE OFFENCE P/U/S 498A, 306 OF SectionIPC.

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

Heard the learned Counsel for the petitioner and

the learned HCGP. Perused the records.

2. The brief facts of the case are that:

A lady by name Smt.Prema, who is the mother of

deceased Pramila, lodged a complaint stating that her

daughter by name Pramila was given in marriage to the

accused and they have been residing in a rented house at

Arapattu village in Virajpet taluk.

3. It is the allegation against the petitioner that, the

petitioner has taken second marriage and he got a child

out of the said marriage and he was forcing the deceased

to adjust with that lady also and he was threatening that

he would bring that second wife and child to the house

and the deceased has to adjust with them, otherwise she

has to leave the house.

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4. It is also alleged that the accused has scolded

her to die and he is no more required the said lady. On

the basis of the above, it appears the deceased frustrated

in life and committed suicide in the house of the accused

by hanging herself.

5. The accused was arrested and he has been in

judicial custody since the date of his arrest. First

information report shows that the incident alleged to

have happened on 19.4.2019, but the FIR was registered

on 30.4.2019 after a long lapse of 12 days. There is no

material to show that the accused was in the house on

that day at that particular time when the suicide was

committed by his wife i.e., the deceased. With what

intention the accused told her that he would bring the

second wife to the house, whether to abet the

commission of suicide by the wife has to be thrashed out

during the course of full-fledged trial.
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6. Under the above said circumstance, as the

offence under Section 306 IPC is not punishable either

with death or imprisonment for life, in my opinion, as the

accused is already in jail and there is delay of 12 days in

filing the complaint, considering all the above said

circumstances, the petitioner is required to be enlarged

on bail on conditions. Hence, the following:

:ORDER:

The petition is allowed. Consequently, the petitioner

shall be released on bail in connection with Crime

No.35/2019 arising out of Crl.Misc.No.5048/2019

pending on the file of II Additional District and Sessions

Judge, Kodagu-Madikeri sitting at Virajpet, for the

offences under Sections 498A and Section306 IPC, subject to the

following conditions:

i) The petitioner shall execute his personal
bond for a sum of `1,00,000/-(Rupees One
lakh only) with one surety for the likesum
to the satisfaction of the jurisdictional
court;

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ii) The petitioner shall appear before the trial
court on all the future hearing dates
unless exempted by any genuine reason by
the trial court;

iii) The petitioner shall not leave the
jurisdiction of Kodagu District without
prior permission of the jurisdictional Court
till the case registered against him is
disposed of.

Sd/-

JUDGE

KNM/-

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