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Doreswamy Nayaka vs State By Station House Officer on 26 November, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF NOVEMBER, 2019

BEFORE

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

CRIMINAL PETITION NO.2101/2019

BETWEEN:

Doreswamy Nayaka
S/o Late Rangaswamy
Aged about 38 years
R/at Kempanapura grama
Chamarajanagara-571 115
…Petitioner
(By Sri Manjunath Prasad V, Advocate)

AND:

State by Station House Officer
Santhemarahalli Police
Chamarajanagar-571115

Represented by
State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001
…Respondent
(By Sri Rohith B J, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.99/2018 (S.C.No.5196/2018) of Santhemarahalli
Police Station, Chamarajanagara for the offence punishable
under Section 498A and Section306 of IPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

Heard the learned counsel for the petitioner and the

learned HCGP for the respondent-State. Perused the

records.

2. The petitioner is the sole accused in

S.C.No.5196/2018 on the file of the Additional District and

Sessions Judge, Chamarajanagara, sitting at Kollegala

registered for the offences punishable under Section 498A

and Section306 of IPC in Crime No.99/2018.

3. The allegations are that the petitioner and his

wife were residing at Kempanapura village in

Chamarajanagara Taluk. They were blessed with two

children and after that the petitioner was addicted to

alcohol and not catering to the needs of the family and he

was also ill-treating and harassing the deceased. In this

context there were several compromise taken place

between the parties. Inspite of that, he did not mend his
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conduct and the said situation continued. It appears due

to frustration the said lady/victim has committed suicide

by pouring kerosene herself and lit fire.

4. Looking to the facts and circumstances as per

the charge sheet, the frustration of the deceased was

mainly due to alcoholic addiction by the petitioner.

Therefore whether he actually addicted to alcohol and was

ill-treating the deceased with a sole intention to drive her

to commit suicide is the question that has to be thrashed

out during the course of full dressed trial. The

sensitiveness of the deceased how she was responding

with the accused and how the petitioner was responding to

the conduct of the deceased are the important aspects that

has to be taken into consideration in order to draw a

conclusive inference with regard to guilt on the part of the

accused and that can only be done during the course of

trial. When the offences are not punishable with either

death or imprisonment for life and as the accused has

already been arrested and he has been in judicial custody,
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the case has been committed and the Sessions case is now

pending for trial.

5. Under the above said circumstances, the

petitioner is entitled to be enlarged on bail on conditions.

Hence the following:

ORDER

The Petition is allowed. Consequently, the

petitioner/accused No.1 shall be released on bail in

Cr.No.99/2018 of Santemaralli Police Station,

Chamarajanagara (S.C.No.5196/2018 pending on the file

of Additional District and Sessions Judge,

Chamarajanagara (sitting at Kollegala)) for the offence

punishable under Sections 498A and Section306 of IPC, subject to

the following conditions:

i. The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-(One
Lakh only) with one surety for the like-

sum to the satisfaction of the
jurisdictional Court.

ii. The petitioner shall not indulge in

tampering the prosecution witnesses.

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iii. The petitioner shall appear before the
jurisdictional court on all the future
hearing dates unless exempted by the
court for any genuine cause.

iv. The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case
registered against him is disposed of.

Sd/-

JUDGE
Kmv/-

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