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Santhosh Kumar vs The State Of Karnataka on 26 November, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF NOVEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.7933/2019

BETWEEN:

Santhosh Kumar
S/o Siddaiah
Aged about 32 years
R/at No.115, 2nd Cross
Nelamangala Town
Bengaluru District – 572 123
…Petitioner
(By Sri Manjegowda, Advocate for
Sri Chandrashekara K A, Advocate)

AND:

The State of Karnataka by
The Police of
Nelamangala Town Police Station
Bengaluru District – 572 123

Represented by its
State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001
…Respondent
(By Sri Honnappa, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.112/2019 of Nelamangala Town Police Station,
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Bengaluru City for the offence punishable under Section
498A, Section306 read with Section 34 of IPC.

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

ORDER

Heard Sri Manjegowda, Advocate, on behalf of Sri

K.A.Chandrashekara, learned counsel for the petitioner and

the learned HCGP for the respondent-State. Perused the

records.

2. The petitioner is arraigned as accused No.1 in

C.C.No.2637/2019 on the file of the Additional Civil Judge

and JMFC, Nelamangala for the offences punishable under

Section 498A and Section306 read with Section 34 of IPC.

3. The entire charge sheet papers discloses that

there is no dispute with regard to the marriage between

the accused No.1/petitioner herein and the deceased

Vinutha R.G., which took place on 07.11.2016. Thereafter,

they lived happily for some time. It is alleged that the

deceased Vinutha has developed some intimacy with

another person and in this context there was some
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telephonic conversation between her and said third person

which came to the knowledge of the accused No.1 and

other accused persons. The differences arose between the

husband and wife was resolved by virtue of the

compromise as the deceased gave her undertaking that

she would not continue the said conversation with any

other person over phone. But inspite of it, it is alleged

that the accused are unhappy with her conduct, they were

ill-treating and harassing her. During the course of

investigation the police have also recorded the statement

of the mother of the victim which discloses that on the

previous day of the incident, there was some pooja in the

house of the sister of deceased by name Chaitra and said

lady has invited all the members of the family of the

accused to the said pooja. But the deceased did not go

there. However the father-in-law of the deceased by name

Siddappa went to the pooja. On the next day Chaitra

enquired as to why deceased did not come to the said

function, then she disclosed that her husband directed her

and her mother-in-law not to go to said pooja.
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4. Abruptly, on the next day the information was

received by the mother of the victim to the effect that the

said deceased/victim has committed suicide in her

matrimonial home and when there was nobody inside the

house. It is alleged that only due to ill-treatment and

harassment by the accused, she has committed suicide by

hanging herself.

5. The above said factual aspects at this stage

creates a doubt whether said lady has committed suicide

only because of any ill-treatment and that too the ill-

treatment was such an extent which was sufficient to drive

a lady to commit suicide. The sensitivity of the said lady

as to how she was responding with the other members of

the family and how the members were responding to the

conduct of the deceased. All these things play a dominant

role in such cases, which has to be established during the

course of full dressed trial.

6. Under the above said circumstances, as the

petitioner has already been arrested and he has been in
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judicial custody and charge sheet has already been filed,

on stringent conditions the petitioner can be enlarged on

bail. Hence the following:

ORDER

The Petition is allowed. Consequently, the

petitioner/accused No.1 shall be released on bail in

Cr.No.112/2019 of Nelamangala Town Police Station,

Bengaluru (C.C.No.2637/2019 pending on the file of

Additional Civil Judge and JMFC Court, Nelamangala) for

the offence punishable under Sections 498A and Section306 read

with Section 34 of IPC, subject to the following conditions:

i. The petitioner shall execute a personal
bond for a sum of Rs.1,00,000/-(One
Lakh only) with one surety for the like-

sum to the satisfaction of the
jurisdictional Court.

ii. The petitioner shall not indulge in

tampering the prosecution witnesses.

iii. The petitioner shall appear before the
jurisdictional court on all the future
hearing dates unless exempted by the
court for any genuine cause.

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iv. The petitioner shall not leave the
jurisdiction of the trial Court without prior
permission of the court till the case
registered against him is disposed of.

Sd/-

JUDGE
Kmv/-

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