CRL.P.No.100867/2018
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2018
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.100867/2018
BETWEEN:
SHRI.SACHIN MARUTI SONAVANE,
AGE: 26 YEARS, OCC: SERVICE,
R/O KUSTAGI CHAWL, BETAGERI-CIRCLE,
TAL DIST: GADAG.
… PETITIONER
(BY SRI.G.B.NAIK, SMT.P.G.NAIK, ADVS.)
AND:
THE STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
(BETAGERI POLICE STATION)
… RESPONDENT
(BY SRI.RAJA RAGHAVENDRA NAIK, HCGP)
—
THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C.
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN BETAGERI
POLICE CRIME NO.74/2018 FOR THE OFFENCES PUNISHABLE
UNDER SECTION 498A AND 306 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
The petitioner has filed this petition under Section
439 of Cr.P.C. seeking his enlargement on bail in Crime
No.74/2018 of respondent-police for the offences
punishable under Sections 498-A and 306 of the IPC.
2. The summary of the case of the prosecution as
could be gathered at this stage is that, one Govardhan
Kadam said to be the father of the deceased Namita lodged
a written complaint before the respondent-police on
28.03.2018 at 8.30 a.m, the summary of which is that,
Namita, the daughter of the complainant, was given in
marriage to the present petitioner about one year 10
months back. For about six months after marriage, they
led a peaceful married life. However, for a simple
comment made by the wife of the complainant, i.e., the
mother-in-law of the petitioner herein, the petitioner (son-
in-law of the complainant) felt annoyed and stopped
visiting his in-law’s house. Further, the said son-in-law
(the petitioner herein) also stopped sending his wife to her
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parental house. Despite the complainant requesting his
son-in-law, he did not send his wife (daughter of the
complainant) to her parental house. It is further the
allegation made in his complaint that, in the meantime,
the accused being the husband of the deceased Namita,
started subjecting her to cruelty and was also accusing
her that she was not in a condition to bear any child. The
complainant has also stated that, his daughter Namita
used to contact him over telephone and tell him about the
cruelty for which she was subjected to by her husband,
such as, her husband keeping a distance from her, not
talking with her and not sleeping with her for months
together. It is also alleged that, she was otherwise also
abused by her husband.
That being the case, on 27.03.2018, on receiving a
telephonic information in the night that his daughter was
not well, the complainant joined by his wife and son
rushed to the house of the accused and seen there that
his daughter Namita was dead. Looking at the
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circumstance in that place including a ligature mark on
her neck, he suspected a foul play and suspected that,
because of the cruelty meted to Namita by her husband,
she committed suicide.
The complainant police registered a complaint
against the present petitioner for the offences punishable
under Section 498A and 306 of the IPC.
3. The learned counsel for the petitioner while
reiterating the contention taken up by her in the
memorandum of petition, submitted that the entire
allegation made in the complaint are baseless and are
created. There is no allegation, which can be directly
attributed to any instigation made to the deceased by the
petitioner to commit suicide. The material does not reveal
as to what transpired between the husband and wife on
the previous night of the alleged incident.
4. The learned HCGP, who has taken notice for
the respondent-State, in his objection submitted that the
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complaint on its prima facie reading itself go to show that,
already the deceased was subjected to cruelty constantly
by the accused. It is not mere a bare comment made by
the mother-in-law of the accused, but it is the accusation
made by the petitioner to his wife repeatedly accusing that
she was not alright and that she cannot give birth to any
child, and also keeping a distance from her, is the mental
cruelty meted to the deceased by the accused. He further
submitted that investigation is still in progress and the
material placed at this stage since makes a prima facie
case against the petitioner, he does not deserve to be
enlarged on bail.
5. The deceased is none-else than the wife of the
present petitioner. Their marriage is said to have taken
place about one year ten months prior to the death of the
deceased. The complainant being none-else than the
father of the deceased, has given few instances of the
behaviour of his son-in-law as to how he reacted even for
a small statement made by the wife of the complainant in
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her capacity as mother-in-law of the accused. He has
narrated about the petitioner not sending his wife to her
parental house despite repeated requests. More
importantly, the complainant in his complaint itself has
stated that, he has heard from his daughter/deceased
about she being treated in a cruel manner by her husband
by making unsustainable allegations and also keeping a
distance from her for no valid reasons.
6. In this scenario, when the alleged incident of
death of deceased Namita is seen, it can be inferred that
the complainant, after noticing a ligature mark present on
her neck and also the circumstance of the case, has
suspected a foul play by none else than her husband i.e.,
the present petitioner. It cannot be ignored of the fact
that the complainant has not arrayed any other family
members of the husband of the deceased except her
husband. Even according to the prosecution,
investigation is still in progress. The exact reason which
drew the deceased to commit suicide is a matter of
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investigation. As such, at this stage, no conclusive
opinion can be expressed either about the nature of death
or about the cause for the death. However, suffice it to
say that prima facie there are materials raising the finger
towards the petitioner/accused. According to the
prosecution, continuation of the accused in judicial
custody is also needed for investigating purpose.
7. In view of the same, considering the
circumstances of the case as could be made out at this
stage and the allegation levelled against the accused, I am
of the view that the petitioner does not deserve to be
enlarged on bail.
Accordingly, the petition stands rejected.
Sd/-
JUDGE
MBS/gab