IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2017
THE HON’ BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.2155/2017
AGED ABOUT 41 YEARS,
R/AT NO.4, 2ND CROSS,
(BY SRI P. NATARAJU, ADV.)
STATE OF KARNATAKA,
BY ASHOKAPURAM POLICE STATION,
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
(BY SRI K. NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ENLARGE THE PEITIONER ON
BAIL IN CRIME NO.5/2017 OF ASHOKPURAM POLICE
STATION, MYSURU CITY, FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS, 498A AND 306 R/W. 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
The respondent-police registered a F.I.R. against the
petitioner and his sisters, in its Crime No.5/2017 dated
18.01.2017 for the offences punishable under Sections
498A and 306 read with 34 IPC.
2. During the pendency of the petition charge sheet is
filed for the very same offences against all the four
accused. The allegation is that the deceased Divya and the
petitioner were married for 8 years and they have a child
from their wedlock. Ever since their marriage the
petitioner-accused No.1 was harassing the deceased
physically and mentally. Accused Nos.2 to 4 also used to
inflict mental and physical torture on the deceased
whenever they visited the house of the couples.
3. Unable to bear with their torture, the deceased
whenever returned to her parents’ home, she was consoled
and sent back to the matrimonial home. Finally on
18.01.2017 the petitioner committed suicide by hanging
herself in the matrimonial home.
4. Perused the Post-Mortem Report, except ligature
injury on the neck of the deceased, no other injury is
noticed on the dead body.. The case of the prosecution
since rests entirely on the circumstantial evidence and the
investigation since completed, there is no impediment to
allow the petition.
5. Accordingly, petition is allowed. Petitioner is ordered
to be enlarged on bail on his executing self bond for a sum
of Rs.1,00,000/- with one surety for the like sum. He shall
attend the Court regularly on all the hearing dates and
shall not threaten the prosecution witnesses.