IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JULY, 2019
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.3641/2019
BETWEEN:
Rahamathulla,
S/o Imam Sab,
Aged about 50 years,
Working in Mandakki Bhatti,
R/o 12th Cross, Basha Nagar,
Davanagere – 577 001. … Petitioner
(By Sri S.G. Rajendra Reddy, Advocate)
AND:
The State by
Women Police Station,
Davanagere,
Davangere District,
Represented by S.P.P.,
High Court,
Bengaluru – 560 001. … Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of
the Code of Criminal Procedure, praying to enlarge the
petitioner on bail in Cr.No.149/2018 of Women Police
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Station, Davanagere for the offences p/u/s 498(A), 306
and 114 r/w 34 of SectionIPC.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The petitioner is seeking to be enlarged on bail in
connection with his detention pursuant to the
proceedings in Crime No.149/2018 with respect to
offences punishable under Sections 498A, Section306, Section323,
Section114 and Section149 of IPC.
2. The case of the prosecution is that a complaint
was filed by the mother of the deceased on 19.09.2018.
The compliant discloses that complainant’s second
daughter was given in marriage to the petitioner about
eight years prior to the incident and they had four
children from the wedlock. It is stated that there was
an altercation in the light of the death of the child of the
deceased. It is further alleged that the deceased was
harassed by the petitioner in the light of the said
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incident and other members had also joined the
petitioner in harassing the deceased. It is further stated
that on 19.09.2018, the deceased is alleged to have
committed suicide. It is alleged that the act of suicide is
pursuant to the harassment of the petitioner and other
accused.
3. It is noted that the petitioner is in custody
since 19.09.2018. The investigation is complete and
charge sheet has been filed. The question as to whether
the deceased had committed suicide as a result of acts
of harassment by the petitioner and other accused is a
matter to be proved during trial. The proceedings
cannot be construed to be proceedings for punishment.
Accordingly, the petitioner is entitled to be enlarged on
bail subject to conditions.
4. In the result, the bail petition filed by the
petitioner under Sec. 439 of SectionCr.P.C. is allowed and the
petitioner is enlarged on bail in Crime No.149/2018
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with respect to offences punishable under Sections
498A, Section306, Section323, Section114 and Section149 of IPC subject to the
following conditions:
(i) The petitioner shall execute a personal
bond of `1,00,000/- (Rupees one Lakh
only) with one surety for the likesum to
the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with
evidence, influence in any way any
witness.
(iv) In the event of change of address, the
petitioner to inform the same to the
concerned SHO.
(v) Any violation of the aforementioned
conditions by the petitioner shall result
in cancellation of bail.
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Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.
Sd/-
JUDGE
Np/-
