IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF JUNE, 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.3448 of 2018
Aged about 28 years,
R/at Anagalale Village,
Hassan District – 34. …Petitioner
(By Sri. Pratheep K.C, Advocate)
The State of Karnataka,
Rep by Alur Police Station,
Rep by its
State Public Prosecutor,
High Court of Karnataka,
Bangalore – 560 001. …Respondent
(By Sri. S.Vishwa Murthy, HCGP)
This Criminal petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.113/2018 of Alur Police Station, Hassan District for
the offence punishable under Sections 498A, 306, 114
read with Section 34 of IPC.
This Criminal petition coming on for Orders, this
day, the Court made the following:
The petitioner is the husband of deceased Shobha.
Their marriage was performed ten months earlier to the
incident. It is alleged that the deceased was subjected to
cruelty in the matrimonial home by the petitioner and
her mother-in-law and sister-in-law.
2. During the intervening nights 17/18.03.2018,
the deceased committed suicide by hanging in the
matrimonial home. Based on the report submitted by the
father of the deceased, Crime No.113/2018 was
registered against the petitioner, his mother and sister.
3. Heard the learned counsel for the petitioner
and the learned HCGP for the respondent-State.
4. Learned HCGP has not filed any Statement of
Objections, but has orally opposed the petition.
5. The petitioner is in custody since 18.03.2018.
The material allegations levelled against the petitioner
are that on account of ill-treatment and harassment
meted out by him, the deceased committed suicide by
hanging herself in the matrimonial home. The allegations
of abetment and the involvement of the petitioner in the
said crime would be substantiated only during the trial.
As there is no apprehension of the petitioner tampering
with the evidence or fleeing away from justice, there is no
necessity to extend the custody of petitioner solely by
way of punishment. Moreover, accused Nos.2 and 3
against whom similar allegations of harassment and
cruelty are directed, are enlarged on bail by the Sessions
Court. Therefore, merely because the petitioner is the
husband of the deceased, bail cannot be denied to the
petitioner. In view of the above facts and circumstances
of the case, the petitioner deserves to be enlarged on bail.
Hence, the following:
Criminal petition is allowed.
a) Petitioner is ordered to be enlarged on
bail on furnishing a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with two sureties for the likesum to the
satisfaction of the jurisdictional court.
b) Petitioner shall appear before the court as
and when required.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever
d) Petitioner shall not get involved in similar
e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.
If any of these conditions are violated, the
prosecution is at liberty to move for cancellation of the