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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/-
