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Mustagali S/O Saiyadsab Iti vs The State Of Karnataka on 23 April, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH

ON THE 23 R D DAY OF A PRIL 2018

BEFORE

THE HON’BLE MR. JUSTICE K .N . PHA NEENDRA

CRL.P.NO.100555/ 2018

BETWEEN :

MUSTAKALI S/O S AIYADSAB ITI,
AGE: 31 YEARS , OCC: COOLIE,
R/O KHAN TOTA, GADAG,
TQ. AND DIST: GA DAG.

…PETITIONER

(BY SRI.SRINIVAS B.NAIK , ADV . FOR
SRI .K .L.PATIL, ADV .)

AND:

THE STATE OF KARNATAKA,
THROUGH GADAG TOWN POLI CE STA TION,
REPRES ENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA, DHARWAD BENCH,
DHARWAD.
…RESPONDENT

(BY SRI.ANAND K .NAVALAGIMATH, HCGP)

THIS PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER
(ACCUSED N O.1) IN GADAG TOWN POLI CE STATION
CRIME NO.153/ 2017 REGISTERED FOR OFF ENCES
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PUNISHABLE UN DER SECTIONS 498A, 306 R/W
SECTION 34 OF I PC.

THIS PETITION COMING ON F OR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:

ORDER

Petitioner is accused No.1 in S.C.No.64/2017

on the file of the Additional District and Sessions

Judge, Gadag for the offences punishable under

Sections 498A, 306 r/w 34 of IPC.

2. The other accused person, i.e., Sarfaraj

has already been released on bail. The charge

sheet has already been filed and now the case is

before the Sessions Court for framing of charges

against the accused. The entire charge sheet

papers if it is visualized, it discloses that, the

sister of the complainant by name Saharabanu was

given in marriage to the petitioner in the year

2010 and they were blessed with three children.

They were all residing at Gantimadi in Gadag. It is
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alleged that, the petitioner was addicted to alcohol

and was ill-treating and harassing the deceased in

demand of money. It is alleged that, earlier a sum

of Rs.1,00,000/- was given to the petitioner and

he spent the said amount for his bad vices and

habits. In spite of that, he was ill-treating and

harassing the deceased. The petitioner has

indebted a sum of Rs.1,00,000/- from his brother

Sarfaraj (accused No.2). In fact, the petitioner

and deceased were residing in the house of the

said Sarfaraj. The said Sarfaraj was demanding to

vacate the said house if the petitioner do not pay

back an amount of Rs.1,00,000/- taken from him.

In turn, the petitioner had been harassing the

deceased to bring Rs.1,00,000/- for the purpose of

giving the same to the said Sarfaraj. In this

background, it is alleged that, on 17.06.2017

between 9.30 to 10.00 a.m., the deceased

committed suicide by consuming insecticide kept
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in the house. She was shifted to the hospital, but

she succumbed to the said poison later in the

hospital.

3. The prosecution has relied upon various

statements of the witnesses who have almost

reiterated the above said factual aspects. The FIR

and charge sheet papers do not disclose since how

long the petitioner was addicted to alcohol,

whether he was harassing her under the influence

of alcohol and whether really he wanted to drive

his wife to commit suicide or only to get some

money through her to pay the same to his brother.

All these things in my opinion, has to be trashed

out during the course of full dressed trial. The

petitioner was arrested on 19.06.2017 and he has

been in judicial custody since then. The offences

under Sections 498A and 306 are not punishable

either with death of imprisonment for life. The

abatement has to be established beyond
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reasonable doubt during the course of trial by

specifically showing to the Court that, the conduct

of the petitioner/accused was sufficient to abet the

commission of suicide. Under the above said

circumstances, I am of the opinion that, at this

stage, the petitioner has made out a ground for

grant of bail, particularly, under Section 439 of

Cr.P.C. Hence, the following:

ORDER

The petition is allowed. The petitioner shall

be released on bail in connection with

S.C.No.64/2017 on the file of the Additional

District and Sessions Judge, Gadag for the

offences punishable under Sections 498A, 306 r/w

Section 34 of IPC on the following conditions.

i) The petitioner shall execute a personal

bond for a sum of Rs.1,00,000/- with
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two sureties for the likesum to the

satisfaction of the trial Court.

ii) The petitioner shall not indulge in

tampering the prosecution witnesses.

iii) The petitioner shall appear before the

Court on all future hearing dates,

unless exempted by the Court for any

genuine reason.

iv) The petitioner shall not leave the

jurisdiction of the trial Court without

prior permission, till the case

registered against him is disposed of.

SD/-

JUDGE

MBS/-

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