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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.5138/2018
BETWEEN:
Sri K.H. Ambrish
S/o Hullorappa
Aged about 32 years
R/at. No.40, Kurubarahalli Village
Hoskote Taluk-562 114.
Bangalore Rural District.
… Petitioner
(By Sri B.V.Dayananda, Advocate)
AND:
State of Karnataka
SHO by Hoskote Police Station
Represented by its Public prosecutor
High Court Complex Building
Bangalore-560 001.
… Respondent
(By Sri K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.154/2018 of Hosakote Police Station, Bangalore District
for the offence punishable under Sections 498A, 306 r/w
Section 34 of Indian Penal Code.
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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 learned
counsel for the petitioner under Section 439 of Cr.P.C. to
release the accused/petitioner on bail for the offence
punishable under Section 498A, 306 r/w 34 of the IPC in
Crime No.154/2018 of Hosakote police station.
2. I have heard the learned counsel appearing for the
petitioner and the learned High Court Government Pleader
appearing for the respondent-State.
3. It is the case of the prosecution that the daughter
of the complainant Vijayalakshmi was given in marriage to
the petitioner-accused about nine years back and out of
the said wedlock they got two children and petitioner-
accused used to come every day by consuming alcohol and
was creating galata and harassing the daughter of the
complainant and when the same was informed over the
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phone to the complainant, they convinced the accused and
panchayath was also held before elders in this behalf.
When again the deceased has come to the house of the
complainant alleging the assault and ill-treatment by the
accused, again a panchayat was held and she was sent
back to the house of the accused and on 7.3.2018 at about
5.00 p.m. deceased committed suicide by hanging to the
fan in the bed room and as such a complaint was
registered.
4. It is the contention of the learned counsel for the
petitioner that the petitioner-accused is innocent and he
has not ill-treated and harassed. He was not absconding.
He further submitted that the alleged offences are not
punishable with death or imprisonment for life and no
such panchayath was held as alleged. Only with an
intention to harass the petitioner, a false complaint has
been lodged. He is ready to abide by the conditions
imposed by this Court and ready to offer the sureties.
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5. The learned High Court Government Pleader
vehemently argued that the complaint and other material
clearly goes to show that there was an ill-treatment to the
daughter of the complainant and because of the ill-
treatment and harassment caused and due to the
abetment she committed suicide by hanging to the fan.
There is prima facie material against the petitioner-
accused. On these ground, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the
contents of the complaint and other material. Though there
are allegations with regard to the ill-treatment and
harassment caused to the deceased, there is no specific
averments in the complaint and other material to show
that she has been abetted to commit suicide.
7. Keeping in view the said fact that when the said
offences are not punishable with death or imprisonment for
life, then under such circumstances, I feel that by imposing
certain stringent conditions, if the petitioner is enlarged on
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bail, it is going to meet the objections raised by the High
Court Government Pleader.
8. Taking into consideration the said aspect, the
petition is allowed and the petitioner-accused is enlarged
on bail subject to the following conditions:
i) Petitioner shall execute a personal bond for
Rs.1,00,000/- (Rupees One Lakh only) with
two sureties for the likesum to the
satisfaction of the trial Court.
ii) He shall not tamper with the prosecution
evidence in any manner till the disposal of
the case.
iii) He shall attend the trial Court whenever
required.
Sd/-
JUDGE
*AP/-
