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Chetan Kumar S/O Subhaslalji … vs The State Of Karnataka, on 28 April, 2017

1

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

Dated this the 28th day of April 2017

Before

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

Criminal Petition No.100900/2017
BETWEEN

CHETAN KUMAR,
S/O SUBHASLALJI GOGALIYA
AGED: 35 YEARS, OCC: BUSINESS,
R/O: H.NO.202,
SWARNGIRI APARTMENT,
J.C. NAGAR, HUBBALLI. …PETITIONER

(BY SRI. G. I. GACHCHINAMATH, ADVOCATE)

AND

THE STATE OF KARNATAKA,
BY TOWN POLICE STATION,
HUBBALLI THROUGH THE
PUBLIC PROSECUTOR,
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
STATION, HUBBALLI.

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

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
3

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
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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
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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

following conditions:

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
indirectly.

iii) Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE

Kms

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