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.
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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
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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
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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
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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
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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
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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