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Siddashetty vs State Of Karnataka on 19 February, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF FEBRUARY, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.6968/2018
BETWEEN:
1. Siddashetty
S/o Madashetty,
Aged about 65 years,
2. Rachashetty
S/o Madashetty,
Aged about 55 years,
Both are r/at:
Poorigali Village,
B.G.Pura Hobli,
Malavalli Taluk,
Mandya District,
Pin-571430. … Petitioners
(By Sri. Kemparaju, Advocate)

AND:
State of Karnataka,
By Belakavadi Police Station,
Rep. by its Public Prosecutor,
High Court Complex,
Bengaluru-560001. …Respondent
(By Sri. K.P.Yoganna, HCGP)

This Criminal Petition is filed under Section 438 of the
Code of the Criminal Procedure Code praying to enlarge the
petitioners on bail in the event of their arrest in
CR.NO.62/2018 (C.C.NO.55/2018) of Belakavadi P.S.,
Mandya District for the offences punishable under
Sections
498A,
306 read with Section 34 of IPC.
-2-

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

ORDER

The present petition has been filed by the

petitioners-accused Nos.2 and 3 under Section 438 of

Cr.P.C. to release them on anticipatory bail in Crime

No.62/2018 (C.C.No.55/2018) of Belakavadi Police

Station for the offences punishable under Sections

498(A), 306 read with Section 34 of IPC.

2. I have heard the learned counsel for the

petitioners and the learned High Court Government

Pleader for respondent-State.

3. Gist of the complaint is that the daughter of

the complainant-deceased was married with accused

No.1 about four years back. Thereafter deceased was

conceived but unfortunately there was a miscarriage

and thereafter, she did not conceive. It is further alleged
-3-

that accused No.1 and her in-laws subjected her to

physical and mental cruelty by stating that she could

not give birth to a child and regarding the said cruelty, a

panchayath was also held and there the accused

persons undertook that they will look after the deceased

in good manner and accordingly, the deceased was sent

back to the house of accused No.1 on 02/04/2018 at

about 8.00 P.M. Thereafter, the complainant spoke to

the deceased over phone and enquired whether she is

being treated well in her matrimonial home. While

speaking over the phone, the deceased was weeping and

the phone was disconnected. Subsequently, on

04/04/2018 at about 6.30 P.M., the complainant came

to know that deceased has committed a suicide by

hanging herself and on this basis the complaint was

registered.

4. It is the submission of the learned counsel

for the petitioners that accused Nos.4 to 7 and 8 have
-4-

already been released on bail. On the ground of parity,

accused Nos.2 and 3 are also entitled to be released on

anticipatory bail. He further submitted that there is no

iota of evidence to show that petitioners-accused Nos.2

and 3 have abetted the deceased to commit suicide. He

further submitted that the alleged offence is not

punishable with death or imprisonment for life. Already

charge sheet has been filed and petitioners are not

required for the purpose of investigation or

interrogation. It is his further submission that the

petitioners-accused Nos.2 and 3 are ready to abide by

any conditions imposed on them by this Court and

ready to offer sureties. On these grounds, he prayed to

allow the petition and to release the petitioners on

anticipatory bail.

5. Per contra, learned High Court Government

Pleader vehemently argued and submitted that the

petitioners-accused Nos.2 and 3 were not available for
-5-

investigation or interrogation. He further submitted

that there is ample material to show that the accused

Nos.2 and 3 were ill-treating and harassing the

deceased and because of the same the deceased has

committed the suicide. On these grounds, he prayed to

dismiss the petition.

6. I have carefully and cautiously gone through

the submissions made by the learned counsel appearing

for the parties and perused the records.

7. As could be seen from the records produced,

accused No.1 has already been released on bail in

Crl.Misc.No.791/2018 by IV ADDL., District Sessions

Judge, Mandya, vide order dated 03/09/2018. Even,

already the charge sheet has been filed and the alleged

incident has taken place on 04/04/2018, the deceased

committed suicide by hanging herself. The complaint

also discloses the fact that on 02/04/2018 at about

8.00 P.M., when the complainant spoke with the
-6-

deceased and enquired about her condition in

matrimonial home, while speaking over the phone, the

deceased was weeping and the phone was disconnected.

If really, the deceased was suffering from ill-treatment

and harassment, she could have disclosed the said fact

to the complainant. The complaint is silent; that is the

matter while will be considered and appreciated when

the trial will be commenced. Already accused Nos.4 to 7

and 8 are released on bail. Under such facts and

circumstances, I feel that by imposing stringent

conditions if the petitioners are ordered to be released

on anticipatory bail, it would meet the ends of justice.

8. In the light of the discussion held by me

above, the petitioners-accused Nos.2 and 3 are entitled

to be released on the ground of parity. Accordingly, the

petition is allowed and the petitioners-accused Nos.2

and 3 are ordered to be released on anticipatory bail in

Crime No.62/2018 (C.C.No.55/2018) of Belakavadi
-7-

Police Station for the offences punishable under

Sections 498(A), 306 read with Section 34 of IPC subject

to the following conditions:

1. Petitioners/accused Nos.2 and 3 shall execute a
personal bond for a sum of Rs.2,00,000/-(Rupees
Two lakhs only) with two sureties each for the
likesum to the satisfaction of the Investigating
Officer.

2. They shall not tamper with the prosecution
evidence directly or indirectly.

3. They shall surrender to Investigating Officer
within 15 days from today and regularly attend
the trial.

4. They shall not leave the jurisdiction of the Court
without prior permission.

Sd/-

JUDGE

SMJ

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