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Ganesh Uppar vs State By Byapanahalli Police … on 4 December, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04TH DAY OF DECEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K N PHANEENDRA

CRIMINAL PETITION NO.8046 OF 2019
C/W
CRIMINAL PETITION NO.8014 OF 2019

IN CRL. P. NO.8046 OF 2019:

BETWEEN:

GANESH UPPAR,
S/O RAJENDRA UPPAR,
AGED ABOUT 28 YEARS,
R/AT 1ST FLOOR, FLORAL PARADISE,
20TH A CROSS,
KAGGADASAPURA,
BENGALURU -560058. …PETITIONER

(BY SRI H V MANJUNATHA, ADVOCATE)

AND:

STATE BY BYAPANAHALLI
POLICE STATION, BYAPPANAHALLI,
BENGALURU-560 001,
REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 01. …RESPONDENT

(BY SRI ROHITH B J, HCGP)
2

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF THE CR.P.C. PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.174/2019 OF
BYAPPANAHALLI POLICE STATION, BENGALURU CITY FOR
THE OFFENCE P/U/S 498-A, 306 OF SectionIPC AND ETC.,

IN CRL. P. NO.8014 OF 2019:

BETWEEN:

SMT.PUSHPA,
W/O RAJENDRA UPPAR,
AGED ABOUT 59 YEARS,
R/AT NO.73/A,
GURUBASAVA NILAYA,
ADI SHAKTHI COLONY,
SAPTHAPURA,
DHARWAD – 580 001. …PETITIONER

(BY SRI H V MANJUNATHA, ADVOCATE)

AND:

STATE BY BYAPANAHALLI
POLICE STATION,
BYAPPANAHALLI,
BENGALURU.
REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001. …RESPONDENT

(BY SRI ROHITH B J, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF THE CR.P.C. PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN
3

CR.NO.174/2019 REGISTERED BY BYAPPANAHALLI
POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S
498-A AND 306 R/W 34 OF SectionIPC.

THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard and perused the records.

2. The petitioner in Crl.P.No.8014/2019 is

arraigned as accused No.2 whereas in

Crl.P.No.8046/2019, the petitioner is arraigned as

accused No.1 in Crime No.174/2019 for the offences

punishable under Sections 498A and Section306 of IPC.

3. The brief facts of the case are that the

complainant by name Roopa w/o Prakash Jadannavar

of Sanivarpete, Gokak in Belagavi taluk lodged a

complaint stating that the victim girl by name Smt.

Priyanka, daughter of husband’s brother of the

complainant was residing with the complainant and her
4

husband, as the mother of said Priyanka after the death

of her husband married with somebody and residing

with her husband. The victim Priyanka was given in

marriage to accused No.1 Ganesh Uppar on 6.7.2019.

After the marriage the husband and wife started

residing at Kaggadasanapura in a rented house. Even

after the marriage for a period of three months the

petitioners did not send her to her parental house at

any time. On request by the complainant they sent her

to the complainant’s house one day and they taken her

back. Whenever she wants to go to her parental house,

i.e., complainant’s house at that time they were

preventing her not to go to the parental house often

otherwise if she go against their wishes she should not

come back and she should die there itself. Except these

words nothing is forthcoming, as to ill treatment or

harassment by the petitioners so that such an ill

treatment or harassment, in the ordinary course
5

sufficient to drive a woman to commit suicide. The

mere saying to a person ‘ go and die’ does not mean that

the petitioners have actually intended to drive her to

commit suicide. The marriage was taken place on

6.7.2019, death occurred on 31.10.2019, within a span

of three and a half months. Therefore, the

compatibility, adjustment, the sensitivity of the victim

play a dominant role in ascertaining whether there was

such an ill treatment or harassment which was

sufficient to drive her to commit suicide shall be decided

during the course of full dressed trial before the Court

below. Therefore, under the above said facts and

circumstances, in my opinion, the petitioners have

made out a ground for grant of bail. Hence the

following :

6

ORDER

(1) The Crl.P.No.8014/2019 for grant of
anticipatory bail is allowed. Consequently, the
petitioner (A2) is directed to surrender herself before
the jurisdictional Court within ten days and execute
her personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with one surety for the
likesum to the satisfaction of the jurisdictional
Court.

(2) The Crl.P.No.8046/2019 is allowed.
Consequently, the Petitioner (A1) shall be released
on bail on executing his personal bond for a sum of
Rs.1,00,000/- (Rupees One lakh only) with one
surety for the likesum to the satisfaction of the
jurisdictional Court.

(3) The petitioners shall not indulge in
hampering the investigation and tampering the
prosecution witnesses.

(4) The petitioners shall appear before the
jurisdictional Court on all the future hearing dates
7

unless exempted by the Court for any genuine
cause.

(5) The petitioners shall not leave the
jurisdiction of the trial Court without prior
permission of the Court till the case registered
against him is disposed of.

(6) The petitioner in Crl.P.No.8046/2019 shall
mark his attendance once in a week or every
Sunday between 10.00 a.m. to 5.00 p.m. before the
Investigating Officer till the filing of the final report
or for a period of three months, whichever is earlier.

Sd/-

JUDGE

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