IN THE HIGH COURT OF KARNATAKA
Dated this the 28th day of April 2017
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.100900/2017
S/O SUBHASLALJI GOGALIYA
AGED: 35 YEARS, OCC: BUSINESS,
J.C. NAGAR, HUBBALLI. …PETITIONER
(BY SRI. G. I. GACHCHINAMATH, ADVOCATE)
THE STATE OF KARNATAKA,
BY TOWN POLICE STATION,
HUBBALLI THROUGH THE
DHARWAD BENCH, DHARWAD. …RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO ENLARGE THE PETITIONERS ON BAIL
IN CRIME NO. 20 OF 2017 FOR OFFENCES PUNISHABLE UNDER
SECTION 498-A AND 306 OF IPC ON THE FILE OF TOWN POLICE
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT, MADE THE FOLLOWING:
This petition is filed by the petitioner/accused under
Section 439 of the Code of Criminal Procedure seeking his
release on bail of the offences punishable under Sections
498A and 306 of the Indian Penal Code registered in
respondent-Police Station Crime No.20/2017.
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the learned
HCGP appearing for the respondent-State.
3. I have perused the grounds urged in the bail
petition, FIR, complaint and also the order passed by the
learned Sessions Judge rejecting the bail petition, and so
also the earlier order passed by this Court when the
petition was moved before this Court even before the filing
of the charge sheet.
4. Looking to the allegations made in the complaint,
it goes to show that there are allegations as against the
present petitioner that he was ill-treating and harassing his
wife on the ground that she had not begotten children and
also on the ground that he was telling the deceased that
he had spent lot of money for her medical treatment.
Because of such ill-treatment and harassment, the
deceased committed suicide by pouring kerosene and
litting fire to herself. On the basis of the said complaint, a
case came to be registered against the present petitioner.
Looking to the complaint averments, it is also mentioned
that the deceased, along with the present petitioner, had
attended some function in the family and, at that time, the
family members observed that the deceased was in a
depressive mood. The family members advised the
deceased as well as her husband i.e., the present
petitioner that they will get a child and asked them not to
worry about the same. At that time, the present petitioner
told the family members that they were happy and there
are no differences between them. Thereafterwards, they
left and the present petitioner informed the complainant
and other family members that they reach Hubballi
properly and safely. But, thereafterwards, the alleged
incident is said to have taken place in the house on the
basis of which the complaint came to be lodged.
5. It is the contention of the petitioner herein that he
was treating his wife very affectionately, he was not at all
giving ill-treatment or harassment to the deceased.
Petitioner has contended that he is innocent and has not
committed the alleged offence. Now, the investigation of
the case is completed and the chargesheet has been filed.
Looking to the allegations made in the complaint and the
statement of the brother of the deceased stating that as
his sister could not beget a child, she was in depressed
mood for some time. Under such circumstances, the
possibility that she (deceased) taking such an extreme
step on her own also cannot be completely ruled out at
this stage. Anyhow, that is a matter for trial. As the
learned Government Pleader has submitted that the
investigation has been completed and chargesheet has
been filed, and considering that the offence under Section
306 is not exclusively punishable with death or life
imprisonment, by imposing reasonable conditions, the
petitioner can be admitted to regular bail.
6. Accordingly, petition is allowed. The petitioner is
ordered to be released on bail of the offences punishable
under Sections 498A and 306 of IPC registered in
respondent-police station Crime No.20/2017, subject to
i) Petitioner has to execute personal bond
for a sum of Rs.1,00,000/- with one
surety for the like sum to the satisfaction
of concerned Court.
ii) Petitioner shall not tamper with any of
the prosecution witnesses directly or
iii) Petitioner shall appear before the
concerned Court regularly.