IN THE HIGH COURT OF KARNATAKA
Dated this the 17th Day of March 2017
THE HON’BLE MR. JUSTICE K.N.PHANEENDRA
Criminal Petition No. 100358/2017
Mallappa s/o Gireppa Ninganur,
Age: 41 years, Occ.: Coolie,
R/o Bakshi Plot, Mudhol,
Tal.: Mudhol, Dist.: Bagalkot.
(By Sri S.C. Bhuti, Advocate)
State of Karnataka
Represented by PSI,
Mudhol Police Station,
By its Public Prosecutor,
High Court Building, Dharwad.
(by Sri Praveen K. Uppar, HCGP)
This Criminal Petition is filed under 439 of Cr.P.C.,
seeking to enlarge the petitioner on bail in connection with S.C.
No. 6/2016 on the file of I Addl. District and Sessions Judge,
Bagalkot to sit at Jamakhandi for the offences punishable u/S
498A, 323, 307, 302 of IPC etc.
This Criminal Petition coming on for orders this day, the
Court made the following:
Heard the learned counsel for the petitioner and the
learned High Court Govt. Pleader for the State. Perused the
records. A lady by name Manawwa wife of Shankrappa of
Saidapur, Mudhol Taluk, lodged a complaint on 27.06.2015.
2. The brief allegations are that, the complainant’s
daughter by name Shaila was given in marriage to the
petitioner about 20 years ago. They were blessed with two
children by name Girish and Shashank. About 7-8 years
prior to the incident the petitioner was addicted to alcohol
and he was spending money lavishly and he was always
demanding money from the deceased. It appears, in this
regard there was quarrel between the husband and the wife.
The deceased was looking after the family by doing some
poultry business. There were some compromise between the
parties and the petitioner has accepted to take care of the
children. In that passion they were pulling on their life. In
this background on 26.06.2015 the complainant came to
know about the deceased being admitted to the hospital on
the allegation of consumption of poison. Immediately she
went to the hospital along with her grandson, i.e., Girish son
of the petitioner and in the hospital, it is alleged that
deceased told that her husband-petitioner, has forcibly
administered poison to her. Subsequently she died in the
hospital and the Police have registered a case for the offence
u/S 302 of IPC after the death of the deceased. The Police
have also investigated the matter and submitted the charge
3. Of course there is some material available on record in
the FIR and the statement of the witnesses that the deceased
told them that her husband has administered poison to her.
The postmortem report and the FSL report shows that the
stomach contents disclose presence of carbonate insecticide.
It is also in the charge sheet papers that the deceased has left
a death note wherein she has requested to see that the house
property should be given to her son and she also implicated
the accused person only to the extent of ill treatment and
harassment. There is no mention in the death note with
regard to administering any poison to her. Therefore, it
creates a serious doubt whether due to ill treatment or
harassment she committed suicide by consuming insecticide
or really the accused has administered poison to her.
4. Apart from the above, in the charge sheet papers the
opinion of Dr. Hanamant Gudappanavar, working as a Doctor
in Dr.Biradar Hospital, in which the deceased was admitted
at the initial stage, show that, when the victim was admitted
to the hospital she was not in a position to talk. This also
creates a serious doubt whether the deceased could have
given such an oral dying declaration before her mother and
son, etc. All these circumstances have to be clarified by the
prosecution during the course of full dressed trial. Whether
the offence u/S 302 or 306 of IPC has to be ascertained after
the evidence being let in by the prosecution.
5. Under the above said facts and circumstances as the
charge sheet has already been filed and the petitioner has
been in judicial custody since 04.08.2015 and the trial may
also take considerable time, I am of the opinion, petitioner is
entitled to be enlarged on bail but on stringent conditions as
there are no previous bad antecedents alleged against the
petitioner. Hence, the following order is passed.
Petition is allowed. Petitioner shall be released in
connection with S.C. No. 6/2016 on the file of I Addl. District
and Sessions Judge, Bagalkot to sit at Jamakhandi for the
offences punishable u/S 498A, 323, 307, 302 of IPC, on
1. The petitioner shall execute his personal bond for a sum
of Rs.1,00,000/- with one solvent surety for the likesum
to the satisfaction of the trial Court;
2. The petitioner shall not tamper the prosecution
3. The petitioner shall attend the Court regularly on all the
future hearing dates unless exempted by the Court for
4. 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.