1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.632/2017 BETWEEN: SHIVAKUMAR S/O JAYANNA AGED ABOUT 40 YEARS R/O KESTHUR KORA HOBLI TUMAKURU TALUK TUMAKURU DISTRICT PIN - 572 138. ... PETITIONER (BY SRI. ARUN SHYAM.M, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH WOMEN POLICE STATION, TUMAKURU REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. ...RESPONDENT (BY SRI B.VISHWESHWARAIAH, HCGP) THIS CRL. PETITION IS FILED UNDER SECTION 439 OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.42/2016 OF WOMEN P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 498A, 304B, R/W 34 OF IPC. 2 THIS CRL.P COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: :O R D E R:
This petition under Section 439 of Cr.P.C. is filed
seeking enlargement of petitioner on bail in Crime
No.42/2016 of Women Police Station, Tumakuru,
registered for the offences punishable under Sections
498A, 304B, 114, 506 read with Section 34 of IPC.
2. There are in all four accused. Accused No.2
and 3 have been enlarged on bail by the order dated
08.09.2016 passed in Crl.P.5482/2016.
3. Sri Aruna Shyam M., learned counsel for the
petitioner submits that there is no nexus between the
cause of death of the victim and the petitioner. The
complaint averments are false. Petitioner is a law
abiding citizen. The complaint allegation is that the
victim was strangulated. However, charge sheet is filed
for offence punishable under Sections 498A, 304B read
with Section 34 of IPC. Petitioner is having a female
child aged about one year to take care. He undertakes to
comply with any conditions to be imposed by this Court.
In the circumstances, he prays for grant of bail.
4. The petition is opposed by the learned HCGP
contending that the offences alleged against the accused
are heinous in nature.
5. I have carefully considered the submissions
of the learned counsel for the petitioner, learned HCGP
perused the papers.
6. The complaint averments reveal that the
victim and the petitioner were living together in a
separate house since three months prior to the date of
incident. The Complainant has also expressed suspicion
of his daughter having been strangulated.
7. Investigation has been completed and charge
sheet filed. It is recorded in the charge sheet that the
police investigation revealed that the victim had
committed suicide by hanging using a saree. However,
the police have charged the accused for offences
punishable under Sections 498A, 304B read with Section
8. The petitioner is said to be having a female
child, aged about one year to take care. In view of police
having specifically recorded that the victim has hung
herself, the charges alleged against the accused are
subject to trial. Accused No.2 and 3 have been directed
to be enlarged on bail vide order dated 8.9.2016 in
Crl.P.No.5482/2016. Keeping in view the fact that the
petitioner also has a dutiful obligation to take care of his
tiny child, in my view, pending trial, the petitioner
deserves to be enlarged on bail with stringent conditions.
Accordingly, it is directed that:
(i) Petitioner shall be released on bail in
Crime No.42/2016 registered by
Women Police Station, Tumakuru, upon
his executing a self bond for a sum of
Rs.50,000/- with one surety for the like
sum to the satisfaction of the
(ii) Petitioner shall co-operate with the
Investigating Officer during the further
course of investigation, if any and
appear before him as and when called
(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise
to prosecution witness or any person
acquainted with the facts of the case, so
as to dissuade him from disclosing such
facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any
criminal activities; and
(v) If the petitioner violates any one of the
conditions, the prosecution shall be at
liberty to seek cancellation of bail.