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Sri.Govindagouda S/O … vs The State on 30 October, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 30TH DAY OF OCTOBER 2018

BEFORE

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

Crl. P. No. 102091/2018
BETWEEN:

SRI GOVINDAGOUDA,
S/O PARASANAGOUDA HIREGOUDAR,
AGED ABOUT 36 YEARS,
OCC.: AGRICULTURE, R/O UGARGOL,
TQ: SAUNDATTI, DIST: BELAGAVI.
– PETITIONER
(BY SRI MALLIKARJUN C. BASAREDDY, ADVOCATE)

AND:

THE STATE REP. BY ITS
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
– RESPONDENT
(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:
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ORDER

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
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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

abnormalities.

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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

following order.

ORDER

Petition filed by the petitioner-accused u/S 439 of

Cr.P.C. is allowed. He shall be released on bail in
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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

following conditions.

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
trial Court;

3. He shall not tamper or hamper the case of the
prosecution;

4. He shall appear before the Court on all the
hearing dates unless exempted by the Court for
valid reasons.

Violation of the conditions would result in
cancellation of the bail automatically.

SD
JUDGE
bvv

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