IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2018
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7135/2018
S/o. Late Madappa,
Aged about 35 years,
Coolie, Residing at 1st Main Road,
15th Cross, KTJ Nagara,
Davanagere-577 002. …Petitioner
(By Sri.Siddappa B.M, Advocate)
State of Karnataka,
State Public Prosecutor,
High Court Buildings,
Bengaluru-560 001. …Respondent
(By Sri S.T.Naik, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.71/2018 (C.C.NO.645/2018) of Women Police
Station, Davanagere for the offences punishable under
Sections 498A, 302, 304B, 306 read with 34 of IPC.
This Criminal Petition coming on for Orders this day,
the Court made the following:
Davanagere Woman Police have charge sheeted
petitioner and two others in crime No.71/2018 for the
offences punishable under sections 498A, 302, 304B, 306
read with Section 34 of IPC.
2. Petitioner is accused No.1 in the said case.
Accused No.2 is his mother and accused No.3 is his
paternal uncle’s wife. The marriage of the petitioner and
victim Bhavani @ Poornima was solemnized on 8.3.2013.
The victim died on 19.5.2018 at 10.30 a.m. in the house of
the petitioner by hanging herself.
3. It is alleged that the petitioner was having illicit
relationship with accused No.3 and in connection with
unlawful demand, accused Nos.1 to 3 subjected the victim
to physical and mental cruelty driving her to commit
4. The allegations of subjecting the victim to cruelty
in connection with the illicit relationship of accused Nos.1
and 3 are against both of them. This Court in Crl. P.
No.4512/2018 has granted anticipatory bail to accused
No.3 on 19.7.2018.
5. As per the post mortem report, except the ligature
marks, there were no other injuries on the dead body.
Accused No.3, against whom the allegations are made, has
been granted bail by this Court. The petitioner is in
custody since 22.5.2018.
6. Under the circumstances, the petition is allowed.
Petitioner is granted bail in crime No.71/2018 of
Davanagere Women Police Station which is pending in C.C.
No.645/2018 on the file of the III JMFC, Davanagere,
subject to the following conditions:
1) The petitioner shall execute personal bond in
a sum of Rs.50,000/- and furnish one surety
in the like-sum to the satisfaction of the Trial
Court for his appearance;
2) He shall appear before the Court as and
when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses
by threats, inducement or otherwise;