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.
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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
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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:
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(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