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R Karibasappa vs The State Of Karnataka on 21 March, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF MARCH, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO. 8952/2018

BETWEEN:

R. Karibasappa
S/o. Ramappa
Aged about 30 years
Occ: Labour work
R/o. Yaragunte Village
Davanagere Taluk
District – 577 001. …Petitioner

(By Sri K.N. Jayaprakash, Advocate)

AND:
The State of Karnataka
Women Police Station
Davanagere
Reptd. By its S.P.P.,
High Court Building
Bengaluru – 560 001. …Respondent

(By Smt. Namitha Mahesh B.G, HCGP)

This Criminal Petition is filed under Section 439 of
the Code of the Criminal Procedure Code praying to
enlarge the petitioner on bail in Cr.No.166/2018 of
Women Police Station, Davanagere District for the
offences punishable under Sections 498A, 302, 504,
-2-

323, 114, 304B R/w 34 of IPC and Section 3 4 of D.P.
Act.

This Criminal Petition coming on for Orders this
day the Court made the following:

ORDER

The present petition has been filed by the

petitioner/accused No.1 under Section 439 of Cr.P.C.

seeking his release on bail in Crime No.166/2018 of

Women Police Station, Davanagere for the offences

punishable under Sections 498(A), 302, 504, 323, 114

304(B) R/w Section 34 of IPC and Section 3 4 of

Dowry Prohibition Act. Subsequently, charge sheet has

been filed and at the time of filing of charge sheet,

accused has been charge sheeted under Sections

498(A), 323, 504, 114 304(B) R/w 34 of IPC and

Sections 3 4 of Dowry Prohibition Act.

2. I have heard the learned counsel for the

petitioner and the learned High Court Government

Pleader for respondent-State.

-3-

3. The gist of the case of the complainant is

that the deceased got married with the accused about

6½ years back. At the time of the marriage, some gold,

cash of Rs.1,00,000/- and Rs.60,000/- to motorbike

was given. They lived happily for a period of three years.

Thereafter, the petitioner-accused No.1 started ill-

treating her and harassed, as she has not begotten a

child. Subsequently, he was having illicit relationship

with another woman and in this behalf he used to

assault and ill-treated for additional dowry. It is stated

that on 07.10.2018 at 7.00 p.m., sister of the accused

informed over the phone that the deceased has

committed suicide by hanging. Immediately, they came

to the spot of occurrence and saw the deceased. On the

basis of which, a case has been registered and charge

sheet has also been filed.

4. It is the submission of the learned counsel

for petitioner – accused No.1 that though it is alleged
-4-

that there was ill-treatment and harassment caused by

petitioner – accused No.1 but, Post Mortem report

clearly indicates that there are no external injuries. If

there was ill-treatment and harassment and assault

committed by the accused, there could have been some

injuries. He further submitted that already charge sheet

has been filed and petitioner – accused No.1 is not

required for the purpose of investigation and

interrogation. He further submitted that even though

neighbors and other witnesses have been examined by

the Investigating Officer, but they are hearsay witnesses

and they are not eye witnesses to the alleged ill-

treatment and harassment. He further submitted that

the deceased was mentally depressed as she has not

begotten the child and as such, she committed suicide

by hanging. Even such fact is also substantiated by Post

Mortem report to the effect that the deceased died due

to asphyxia consequent upon hanging. He is ready to

abide conditions imposed by this Court and ready to
-5-

offer surety. On these grounds, he prays to allow the

petition and to release the petitioner – accused No.1 on

bail.

5. Per contra, learned High Court Government

Pleader vehemently argued and submitted that the

petitioner – accused No.1 has ill-treated and harassed

the deceased and even he is having illicit relationship

with another woman and he used to give ill-treatment

and harassment to the deceased. She further submitted

that petitioner is the main cause for the death of the

deceased and has taken extreme steps of committing

suicide and there is presumption in law. On these

grounds, she pays to dismiss the petition.

6. I have carefully and cautiously gone through

the contents of the complaint and other materials,

which has been produced along with the petition.

7. On close reading of the contents of the

complaint and charge sheet materials that though it is
-6-

alleged that there was ill-treatment and harassment of

the petitioner-accused No.1 to assault, but no external

injuries were found over the body of the deceased except

ligature mark. Then under such circumstances, the ill-

treatment and assault cannot be acceptable. Even as

could be seen from the statement of the neighbors that

they have also stated that they came to know that there

was ill-treatment and harassment caused to the death

of the deceased, but neither they have adviced nor they

have witnessed that petitioner – accused No.1 ill-

treating and harassing the deceased. Prima-facie by

going through the entire material, there is prima-facie

material to connect the petitioner – accused No.1 to the

alleged crime. Even as could be seen from the contents

of the complaint and it is also narrated that the

deceased has not begotten child and she also worried

about that, learned counsel for the petitioner submits

that because of that she committed suicide which

appears to have some force. Under such circumstance,
-7-

there is no serious overt-act alleged against

petitioner/accused No.1. That too, already when the

charge sheet is filed, I feel that by imposing some

stringent conditions, if the accused petitioner is ordered

to be released on bail, it is going to meet the ends of

justice. In the light of discussions held by me above,

petition is allowed.

8. Petitioner/accused No.1 is enlarged on bail

in Crime No.166/2018 of Women Police Station,

Davanagere for the offences punishable under Sections

under Section 498(A), 323, 504, 114 304(B) R/w 34 of

IPC and Section 3 4 of Dowry Prohibition Act subject

to the following conditions:

1. Petitioner/accused No.1 shall execute a
personal bond for a sum of Rs.2,00,000/-
(Rupees Two lakhs only) with two sureties
for the likesum to the satisfaction of the trial
Court.

2. He shall not leave the jurisdiction of the
Court without prior permission.

-8-

3. He shall mark his attendance once in 15
days between 10.00 a.m., and 5.00 p.m.,
before the jurisdictional police station till the
trial is concluded.

4. He shall not tamper with the prosecution
evidence directly or indirectly.

5. He shall not indulge in similar type of
activities. If he again indulges in similar type
of activities, the Court below is at liberty to
cancel the bail.

SD/-

JUDGE

nms

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