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Girisha vs State Of Karnataka By on 28 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3876 OF 2018

BETWEEN:

GIRISHA
S/O HANUMATHAPPA,
AGED ABOUT 25 YEARS,
R/O KODIRANGAVANAHALLI,
VADDARAHATTI VILLAGE,
CHITRADURGA TALUK AND DISTRICT
(NOW IN JUDICIAL CUSSTODY,
DISTRICT PRISON, CHITRADURGA) … PETITIONER

(BY SRI: HASHMATH PASHA, ADVOCATE)

AND:

STATE OF KARNATAKA BY
BHARAMASAGAR POLICE STATION,
CHITRADURGA CIRCLE,
CHITRADURGA DISTRICT
(REPRESENTED BY THE LEARNED
STATE PUBLIC PROSECUTOR) … RESPONDENT

(BY SRI:K.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.215/2017
(S.C.NO.76/2017) OF BHARAMASAGARA P.S., CHITRADURGA
DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
498A,306 R/W 149 OF IPC.
2

THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

Heard the learned counsel for the petitioner and the

learned HCGP. Learned HCGP has not filed any statement of

objections, but has orally opposed the petition.

2. The petitioner is the husband of the deceased.

According to the prosecution, the petitioner herein had

committed sexual intercourse on one Deepa during her minority.

However, pursuant to the orders of the Sessions Court dated

26.05.2015, both of them got married after the deceased

attained majority. It is alleged that accused Nos.1, 2, 3, 4 and 5

were ill-treating and harassing the deceased asking her to

withdraw the case registered by her against accused No.1. It is

also alleged that immediately preceding the incident, there was a

quarrel between the mother of the deceased and the father of

the petitioner herein. On account of these circumstances, the

deceased is alleged to have committed suicide by hanging on

11.05.2017 in the matrimonial home.
3

3. The investigation is completed. The allegations are

that the deceased was subjected to ill-treatment and harassment

not only by the petitioner, but other members of the family. All

these circumstances are required to be established only during

trial. The custody of the petitioner is not required to be

extended solely by way of punishment. His presence could be

secured for the purpose of trial by imposing necessary

conditions.

4. Hence, the following order:-

Criminal Petition is allowed.

a) Petitioner/accused No.1 is ordered to be
enlarged on bail on obtaining a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only) with one
surety for the likesum to the satisfaction of the
jurisdictional court.

b) Petitioner shall appear before the court as and
when required.

c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever manner.
4

d) Petitioner shall not get involved in similar
offences.

e) Petitioner shall not leave the jurisdiction of the
Trial Court without prior permission of the Trial
Court.

Sd/-

JUDGE

Bss

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