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Sannaboraiah @ Bora vs The State Of Karnataka on 21 June, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF JUNE 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2470/2018

Between:

Sannaboraiah @ Bora
S/o late Javaraiah
Aged about 40 years
R/at Arakere Village Hobli
Srirangapatna Taluk
Mandya District
Pin – 571 438
…Petitioner
(By Sri: Kemparaju, Advocate)

AND:

The State of Karnataka
By Arakere Police Station

Rep. by its Public Prosecutor
High Court Complex
Bangalore-560 001
…Respondent

(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
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for the offences punishable under Sections 498(A) and 306 of
IPC.

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

ORDER

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
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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

p.m.

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
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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
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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

following:

ORDER

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.

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c) Petitioner shall not threaten or allure the
prosecution witnesses in whatsoever
manner.

d) Petitioner shall not get involved in similar
offences.

e) Petitioner shall not leave the jurisdiction
of the Trial Court without prior
permission of the Trial Court.

Sd/-

JUDGE

RR

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