CRL.P.NO.5541/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER 2018
BEFORE
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.5541 OF 2018
BETWEEN:
NANDEESH @ PAPANNA
S/O NARAYANASWAMY
AGED ABOUT 33 YEARS
GANJARALAHALLI
SHIVANAPURA VILLAGE
NANDAGUDI HOBLI
HOSAKOTE TALUK
BENGALURU RURAL 563 114. …PETITIONER
(BY SRI PRADEEP C.S. ADV.)
AND
THE STATE OF KARNATAKA
BY NANDAGUDI POLICE
REPTD. BY HIGH COURT
GOVERNMENT PLEADER
HIGH COURT OF KARNATAKA
BANGALORE 560 001. …RESPONDENT
(BY SMT. NAMITHA MAHESH B.G., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.77/2018 REGISTERED
CRL.P.NO.5541/2018
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BY NANDAGUDI POLICE STATION, BENGALURU
DISTRICT AND IN S.C.NO.169/2018 PENDING BEFORE
THE VIII ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU
FOR THE OFFENCE P/U/S 498 (A) AND 306 OF I.P.C.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Nandagudi Police have charge sheeted the
petitioner in Crime No.77/2018 of their Police Station
for the offences punishable under Sections 498A and
306 of Indian Penal Code.
2. The marriage of the petitioner with Pramila
was solemnized about nine years prior to 03.04.2018.
The couple have two sons aged five years and two years.
On 13.04.2018 at 10.00 a.m. Pramila set herself ablaze
in the house of the petitioner and attempted to commit
suicide and succumbed to the injuries on the same day
at 6.15 p.m. in Victoria Hospital.
3. It is alleged that petitioner was addicted to
alcohol and was physically and mentally harassing the
CRL.P.NO.5541/2018
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victim, was not maintaining the family and had incurred
loan, therefore victim committed suicide.
4. As per prosecution, death is suicidal one
and after nine years of the marriage. Though initially
dowry harassment was alleged, charge sheet was not
laid for offence of the dowry harassment.
5. At the time of commission of suicide
petitioner was not in the house. Whether the alleged
cruelty of the petitioner was to the extent of driving the
victim to commit suicide has to be decided on trial.
Petitioner is in judicial custody since 05.04.2018.
Under these circumstances, it is a fit case to grant bail
with suitable conditions. Therefore, petition is allowed.
Petitioner is granted bail in Crime No.77/2018 of
Nandagudi Police Station, which is now pending in S.C.
No.169/2018 on the file of the VIII Additional District
CRL.P.NO.5541/2018
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and Sessions Judge, Bangalore Rural, subject to the
following conditions:
1) The petitioner shall execute personal
bond in a sum of Rs.50,000/- and
furnish two sureties in the like-sum to
the satisfaction of the concerned Court
for his appearance;
2) He shall appear before the Court as and
when required for the purpose of trial;
3) He shall not tamper the prosecution
witnesses in any manner.
Sd/-
JUDGE
HR
