IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2470/2018
Sannaboraiah @ Bora
S/o late Javaraiah
Aged about 40 years
R/at Arakere Village Hobli
Pin – 571 438
(By Sri: Kemparaju, Advocate)
The State of Karnataka
By Arakere Police Station
Rep. by its Public Prosecutor
High Court Complex
(By Sri: K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 Cr.P.C.
praying to enlarge the petitioner on bail in Cr.No.176/2017
(C.C.No.14/2018) of Arakere Police Station, Mandya District
for the offences punishable under Sections 498(A) and 306 of
This Criminal petition coming on for Orders this day,
the Court made the following:
This petition is filed under Section 439 of Cr.P.C.
seeking regular bail in Cr.No.176/2017 registered for the
offence punishable under Sections 498A and 306 of IPC.
2. Heard the learned counsel for the petitioner
and learned High Court Government Pleader.
3. The petitioner is the husband of the deceased.
Their marriage was performed on 29.06.2005. In the
wedlock, she has given birth to two children. She was
residing with her children and the petitioner at Arakere
Village, Srirangapatna Taluk, Mandya District.
4. According to the prosecution, the deceased
was subjected to ill treatment and harassment in the
matrimonial home. She had discovered that her
husband/petitioner herein was carrying on illicit
relationship with some other woman and in this regard
there used to be frequent quarrels between them. It is
alleged that on 11.08.2017, the deceased did not serve
food to the petitioner, hence the petitioner himself
prepared his food and while taking his food he abused
the deceased and told her that it was better for her to die
and accordingly deceased committed suicide by hanging
herself in the matrimonial home between 8.00 to 8.30
5. The earlier petition filed by the petitioner
under Section 439 Cr.P.C. was rejected at the crime
stage. Since then, the investigation is completed and
charge sheet is laid.
6. Learned counsel for the petitioner submits
that there is inconsistency in the statement of the
complainant as well as in the statements of the sons of
the deceased with regard to the immediate provocation
that drove the deceased to commit suicide. He further
submits that even though charge sheet is filed under
Section 498A, the prosecution has referred to any
specific incident of cruelty, so as to attract the said
offence. Therefore, he seeks for enlargement of the
petitioner on bail.
7. Learned High Court Government Pleader
submits that prima facie evidence has been collected by
the investigating agency, in support of the offence under
Section 498A and 306 of Cr.P.C. Therefore, the
petitioner/accused is not entitled for grant of bail.
8. There is no dispute that the incident has
taken place in the matrimonial home where the deceased
and the petitioner/accused had led matrimonial life for
nearly 17 years and in wedlock they have two children.
Charge sheet does not contain any specific instance of
cruelty, during this period. Though it is alleged that the
petitioner was having extra marital relationship which
led her to commit suicide, but there is no material to
substantiate the said allegation. In view of the above, the
only circumstances that prompted the deceased to end
her life appears to be the quarrel that has taken place
between the petitioner and the deceased due to non-
preparation of the food.
9. In the light of the above circumstances, I do
not find it proper that the custody of the petitioner could
be extended solely by way of punishment. Hence, the
10. Criminal petition is allowed.
a) Petitioner is ordered to be enlarged on
bail on obtaining a bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the jurisdictional court.
b) Petitioner shall appear before the court as
and when required.
c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever
d) Petitioner shall not get involved in similar
e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.