IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2018
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.1547/2018
Aged about 30 years,
R/at Doddahejjuru Village,
Mysuru District – 577 123.
(By Sri. B. Lethif, Advocate)
The State of Karnataka,
By Hunsur Rural Police Station,
(By Sri.K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.434/2015 (S.C.No.126/2016) of Hunsur Rural
Police Station, Mysuru District, for the offence p/u/s
498A and 302 of IPC.
This Criminal Petition coming on for Orders this
day, the Court made the following:
Accused No.1 in S.C.No.126/2016 on the file of
the V Addl. District Sessions Judge, Mysuru, has
sought bail. He is facing trial in relation to offences
punishable under Sections 498A and 302 of IPC.
2. Heard the learned counsel for the petitioner
and the learned High Court Government Pleader.
3. The prosecution case is that on 30.12.2015
at about 06.00 A.M., the complainant saw the door of
his daughter’s house being open. When he went inside
he saw her daughter being dead having sustained
bleeding injury on her neck portion. The petitioner was
not present in the house. It is alleged that there used to
take place quarrel between the deceased and the
petitioner in relation to money matters and therefore,
the petitioner caused the death of his wife.
4. As could be made out from the complaint
itself is that there are no eye-witnesses to the incident.
However, since the death occurred inside the house of
the petitioner, he alone has to give explanation as to
what happened when he and his wife were inside the
house. But, this cannot be considered at this stage to
hold that there are prima-facie materials against the
petitioner. The entire case rests on circumstantial
evidence. In this view of the matter, I find at this stage
that there are no prima-facie materials, and therefore,
the petitioner can be enlarged on bail. However, taking
into consideration the fact that the petitioner has to
appear before the trial Court regularly for the purpose of
trial, he needs to be subjected to stringent conditions.
Hence, the following:
Petition is allowed.
Petitioner shall be released on bail on obtaining
from him a bond for Rs.1,00,000/- (Rupees One lakh
only) and two sureties for the likesum to the satisfaction
of the trial Judge. The petitioner is subjected to the
1) He shall regularly appear before the Court
during trial. If he fails to attend the Court
regularly, the Sessions Court shall take it
seriously for cancellation of bail.
2) He shall not threaten the witnesses and
tamper with the prosecution evidence.