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Edison Anish vs The State Of Karnataka on 2 July, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02ND DAY OF JULY, 2019

BEFORE

THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.9361/2018

BETWEEN:

Edison Anish,
S/o. Sampagi,
Aged about 29 years,
Residing at Babu Badavane,
Kaji Mohalla, Hosakote Town,
Bengaluru Rural District-563 124. … Petitioner

(By Sri.M.Krishne Gowda, Advocate)

AND:

The State of Karnataka,
State by Hosakote P.S.,
Represented by
High Court Govt. Pleader,
High Court of Karnataka,
Bengaluru-560 001. … Respondent

(By Sri.S.Rachaiah, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.545/2018 of Hosakote P.S., Bengaluru District
for the offence p/u/s 498A, 304B of SectionIPC.
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This Criminal Petition coming on for Orders, this
day, the Court made the following:

ORDER

The petitioner is seeking to be enlarged on bail in

connection with his detention pursuant to the

proceedings in Crime No.545/2018 for the offences

punishable under Sections 498(A) and Section304(B) of IPC.

2. The case of the prosecution is that the

complainant – the father of the deceased had lodged a

complaint alleging that the deceased had hung herself

and committed suicide. It is further stated that the

complainant’s daughter Prathiba had married accused

and within from their wedlock, male child was born. It

is stated that differences of opinion cropped up in the

matrimonial relationship and the accused on few

occasions had gone back to the mother’s place. It is

alleged that the petitioner is stated to have had an illicit

relationship with one Steffi and hence, he was harassing

the deceased and abusing her.

3

3. Learned counsel for the petitioner states that

the investigation is completed and the charges sheet

has been filed. It is further stated that the question of

proof of offence is a matter for trial and that the

petitioner is an employee in a call centre and a

permanent resident and hence, he is to be enlarged on

bail and is willing to abide by strict conditions ensuring

that the petitioner would cooperate for the expeditious

disposal of the trial.

4. Learned High Court Government Pleader

opposes the grant of bail and states that the statement

of the witnesses supports the case of the prosecution

and prima facie case is made out. The Sessions Court

has rejected the petition of the petitioner seeking to be

released on bail observing that prima facie case has

been made out.

5. Looking into the nature of incident, the

question as to the role of the petitioner in driving the
4

victim to end her life is a matter that would come out

during the trial. The question as to the nature of

behavior of the petitioner and the various incidents that

may have led the deceased to take a decision to end her

life are matters to be proved during the trial.

6. Taking note of the facts that the

investigation is completed, the charge sheet has been

filed, the proceedings cannot be construed to be

proceedings in the form of punishment, the

apprehension regarding tampering of witnesses would

be taken note of by imposing stringent conditions, the

petitioner is made out a case and is to be enlarged on

bail.

In the result, the bail petition filed by the

petitioner under Sec. 439 of SectionCr.P.C. is allowed and the

petitioner is enlarged on bail in No.545/2018 for the

offences punishable under Sections 498(A) and Section304(B)

of IPC, subject to the following conditions:
5

(i) The petitioner shall execute a personal bond
of `1,00,000/- (Rupees one Lakh only) with
one surety for the likesum to the satisfaction
of the concerned Court.

(ii) The petitioner shall fully co-operate with the
expeditious disposal of the trial and shall not
indulge in any criminal activities of like
nature henceforth.

(iii) The petitioner shall not tamper with
evidence, influence in any way any witness.

(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.

(v) Any violation of the aforementioned
conditions by the petitioner, shall result in
cancellation of bail.

Any observation made herein shall not be taken as

an expression of opinion on the merits of the case.

Sd/-

JUDGE
KA

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