IN THE HIGH COURT OF KARNATAKA
DATED THIS THE 30TH DAY OF OCTOBER 2018
THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO
Crl. P. No. 102091/2018
S/O PARASANAGOUDA HIREGOUDAR,
AGED ABOUT 36 YEARS,
OCC.: AGRICULTURE, R/O UGARGOL,
TQ: SAUNDATTI, DIST: BELAGAVI.
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)
THE STATE REP. BY ITS
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
(BY SRI PRAVEEN K UPPAR, GOVT. PLEADER)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ENLARGE HIM ON BAIL IN S.C.NO.
63/2018 ON THE FILE OF ADDL. DIST. SESSIONS
JUDGE, GADAG ETC.
THIS CRIMINAL PETITION COMING UP FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
Shruti daughter of Hanamanthgoud of Ugargol
village was given in marriage to the petitioner herein,
which was performed on 19.05.2014. Through the
wedlock she begot two children of the accused, i.e.,
Bhargav, aged 3½ years and Shashank of five months.
It is stated that the petitioner herein was not treating
his wife properly and had no regards for dignity. The
petitioner-accused had more inclination towards the
children of his brother than his own. He is said to be
an ill-tempered, would always keep on abusing Shruti
as “Arista”, which means “ill fated omen”. The
complainant and the elders of his village whenever
advised the petitioner to mend his ways, but he used to
retaliate for his wife and adjust. The naming ceremony
of Shashank, the second child was performed by the
complainant. Even on the second occasion, the
petitioner was very rude and abusing his wife Shruti.
On being questioned he used to retaliate that she was
like that and it is upto his wife to choose the way to live
or die. Thus it is stated, all hopes of Shruti were
shattered. She was very much depressed because of the
petitioner. On 04.04.2018 the complainant with his
wife and grandson Bhargav had gone to attend the
marriage. Subsequently when the complainant
returned, they saw the door of the house was locked
from outside and when they saw through a back side
window, to their utter shock, Shruti has hanged herself.
2. Learned Govt. Pleader would submit that the
deceased had left a suicide note wherein she stated to
have said that, because of the ill treatment and
harassment by the accused-petitioner she was resorting
to an extreme step.
3. Learned counsel for the petitioner would submit
that the petitioner is not at fault in any manner and she
was taken the extreme step because of her own
4. Learned Govt. Pleader would oppose stating that
the victim was driven to take extreme step only because
of the accused-petitioner herein.
5. It is stated that the petitioner is in custody since
04.04.2018. The Final Report is said to have been filed
by the Police. Hence, in the circumstances and facts of
the case, I do not find that there was a likelihood of
interference to the investigation by the accused, more
particularly, when he was in custody the learned
District Judge has rejected the application.
6. In the overall context, circumstances and nature
of the offences, I find that no prejudice will be caused to
the ends of justice, in case the petitioner is granted bail.
The apprehension of the prosecution could be resolved
by imposing suitable conditions. Hence, I pass the
Petition filed by the petitioner-accused u/S 439 of
Cr.P.C. is allowed. He shall be released on bail in
connection with S.C. No. 63/2018 on the file of Addl.
District and Sessions Judge, Gadag, for the offences
punishable u/S 498A and 306 of IPC subject to the
1. He shall execute a personal bond in a sum of
Rs.1,00,000/- with a likesum surety to the
satisfaction of the trial Court;
2. He shall mark his attendance before the Police
on first Sunday of every month till examination
of the complainant and two witnesses by the
3. He shall not tamper or hamper the case of the
4. He shall appear before the Court on all the
hearing dates unless exempted by the Court for
Violation of the conditions would result in
cancellation of the bail automatically.