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Boothesha vs The State Of Karnataka on 26 March, 2014

Karnataka High Court Boothesha vs The State Of Karnataka on 26 March, 2014Author: Budihal R.B.

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26TH DAY OF MARCH 2014 BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B. Crl.P.No.1525/2014

BETWEEN:

1. Boothesha,

Aged about 36 years,

s/o.Bheemanna,

Kunchitigaru,

Agriculturist,

Sira Taluk-572 137

2. Puttamma

w/o.Bheemanna,

Kunchitigaru,

Agriculturist,

Naragondanahalli,

Sira Taluk-572 137 … PETITIONERS (By Sri Rahul Rai for Sri.Arun Shyam.M, Advocate) AND:

The State of Karnataka

Through Pattanayakanahalli Police Sira, Tumkur District

Represented by its

State Public Prosecutor

High Court Building,

Bangalore-560 001. … RESPONDENT (By Sri.K.Nageshwarappa, HCGP)

2

This criminal petition is filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Cr. No.127/2013 of Patanayakanahalli P.S., Tumkur, for the offence p/u/Section 498A and 302 of IPC. This criminal petition coming on for orders this day, the Court passed the following:- ORDER

This petition is filed by the petitioners-accused Nos.1 and 2 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 498A and 302 of IPC registered by respondent-PS in Crime No.127/2012 and subsequently charge sheet has been filed for alleged offences punishable under Sections 498A and 306 of IPC.

2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 2 and learned Government Pleader appearing for respondent/ State.

3. Learned counsel for the petitioners made a submission that the other accused Nos.3 to 5 have already been granted with bail by order of this Court. 3

He also made a submission that at the first instance the case of the prosecution is that the accused persons committed murder of the deceased and accordingly the case was registered for the offence punishable under Section 302 of IPC. Learned counsel made a further submission that now the investigation is completed and charge sheet has been filed for the offences punishable under Sections 498A and 306 read with Section 34 of IPC. It is the contention of the learned counsel that when the alleged offence punishable under Section 302 of IPC is deleted, while filing charge sheet that itself goes to show that the petitioners were implicated by false allegation in the charge sheet. Hence, he submitted that by imposing reasonable conditions, the petitioners may be admitted to bail.

4. As against this, learned Government Pleader during the course of his argument submitted that looking to the allegations made in the complaint as well as the statements of witnesses recorded by the IO during the investigation go to show that the accused 4

persons wanted to perform the marriage of accused No.1 with another lady as the other family members were not satisfied with the marriage of the deceased with accused No.1. Hence, learned Government Pleader made a submission that in that connection, accused persons have given ill-treatment and harassment to the deceased and for that reason, she put an end to her life. Hence, he made a submission that there is material placed by the prosecution against the petitioners/ accused Nos.1 and 2 for the offences committed by them. Therefore, they are not entitled to be bail.

5. Looking to the allegations made in the complaint is that the accused persons have given ill- treatment and harassment to the deceased and they were beating her. It is mentioned in the complaint that they were insisting her to bring amount from her parental place. There is a specific allegation in the complaint that on 21.11.2013, when the deceased had been to the land, the present petitioners herein assaulted the deceased with hands and stone on her 5

head and thereby committed her murder. But now while filing the charge sheet, the Investigating Officer dropped the alleged offence punishable under Section 302 of IPC and now it is a case of prosecution that the deceased committed suicide by consuming poison. In the bail petition, it is the contention of the petitioners that they have not at all committed the alleged offences, they are innocent and false implication has been made against the petitioners in the case.

6. I have also perused the order passed by this Court on 28.2.2014 in Crl.P No.45/2014. Now the investigation is completed and charge sheet has been filed. To secure the presence of the petitioners, reasonable conditions can be imposed. Therefore, looking to the nature of allegation and the circumstances in the case and the offence is not exclusively punishable with death or imprisonment for life, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners. 6

Accordingly, criminal petition is allowed. The petitioners-accused Nos.1 and 2 are ordered to be released on bail of the offences punishable under Sections 498A and 306 read with Section 34 of IPC registered in Crime No.127/2013 of the respondent – police subject to the following conditions:- (a) Each petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish a surety for the like sum to the satisfaction of the concerned Court;

(b)The petitioners shall not intimidate or tamper with the prosecution witnesses, directly or indirectly; and

(c) The petitioners shall appear before the Court regularly.

Sd/-

JUDGE

Bkm.

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