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Sri Sathish (Accused No.1) vs The State Of Karnataka on 21 February, 2024

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Karnataka High Court

Sri Sathish (Accused No.1) vs The State Of Karnataka on 21 February, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF FEBRUARY, 2024

BEFORE
THE HON’BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 1410 OF 2024
BETWEEN:

1. SRI SATHISH (ACCUSED NO.1)
S/O RAJAPPA @ RAJANNA,
AGED ABOUT 33 YEARS
R/O HANUMANAPALYA
SRINIVASAPURA TOWN
KOLAR-563135.
…PETITIONER
(BY SRI. ABHILASH KUMAR M.N., ADVOCATE FOR
SRI. NANJUNDA GOWDA M R., HCGP)
AND:

1. THE STATE OF KARNATAKA
BY SRINIVASAPURA POLICE
KOLAR
REPRESENTED BY
Digitally STATE PUBLIC PROSECUTOR
signed by HIGH COURT BUILDING
LAKSHMI T DR. AMBEDKAR VEEDHI
Location: BENGALURU-560001
High Court …RESPONDENT
of (BY SRI. K.NAGESHWARAPPA, HCGP)
Karnataka
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.302/2016 OF SRINIVASAPURA P.S., KOLAR
DISTRICT, FOR THE OFFENCE P/U/S 498(A) AND 306 OF
IPC
ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C AT
SRINIVASAPURA IN C.C.NO.396/2021

THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

ORDER

This petition is preferred under Section 438 of Cr.P.C.

by accused No.1 in Crime No.302/2016 of Srinivasapura

Police Station, Kolar, registered for the offence punishable

under Sections 498A and 306 of IPC.

2. Heard the learned counsel for petitioner,

learned High Court Government Pleader for the State and

perused the material on record.

3. Complaint is lodged by Narayanaswamy T.R.,

father-in-law of the petitioner against the petitioner and

his father. It is alleged in the complaint that complainant’s

daughter Rajini was given in marriage to the petitioner.

Their marital relationship was not cordial. Accused was

picking up quarrel with his wife and assaulting her. On

30.10.2016, the complainant received an information that

his daughter has hanged herself in her matrimonial home

and she has been admitted at Sinivasapura Government

hospital by the petitioner and his father. It is further

alleged that, thereafter, they have not taken care of
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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

complainant’s daughter. The complainant visited the

hospital and discharged his daughter on 30.11.2016 and

brought her back to his house. Later, his daughter

became serious and she was in coma. Even then the

petitioner and his father did not bother to take care of her.

She died on 23.12.2016 while undergoing treatment.

4. The complainant has given his further

statement, according to which, in the evening, on

30.11.2016 the victim was shifted from Government

Hospital, Srinivaspura to R.L.Jalappa Hospital and she was

discharged on 30.11.2016 and brought back to

complainant’s house. After a week, she was again

admitted at the said hospital and given treatment for

about 3 days. However, due to financial constraints, she

was discharged and brought to the house. Three days

thereafter, she was taken to NIMHANS and from there she

was shifted to Victoria Hospital and then she was again

admitted at Srinivasapura Government Hospital, wherein

she died on 23.12.2016.

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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

5. It is the case of prosecution that due to physical

and mental torture meted to complainant’s daughter by

the petitioner and his father, she committed suicide by

hanging herself in her matrimonial home. The material on

record reveal that initially the victim was shifted to the

hospital by the petitioner and his father. It is alleged that

later they did not take care and not provided treatment to

her. As per the further statement of the complainant, the

victim was given treatment at different hospitals. At the

time of admission, no history was furnished naming the

petitioner. The complaint is lodged on 22.12.2016.

Charge sheet is filed for the offence punishable under

Section 498A and 306 of IPC.

6. The learned counsel for the petitioner submits

that now NBW has been issued against the petitioner.

7. The prosecution has to establish the ingredients

of the offence alleged against the petitioner in a full

fledged trial. Investigation is completed and charge

sheet is already filed.

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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

8. Considering the facts and circumstances, the

petitioner can be directed to appear before the

jurisdictional Court and file necessary application for

recalling of the NBW and for bail. If any such applications

are filed within a period of 15 days, he shall be released

subject to following conditions:

a. He shall execute a personal bond in a
sum of Rs.1,00,000/- [Rupees One
Lakh only] with two sureties for the
likesum.

b. He shall appear before the I.O. within a
period of one week thereafter and shall
co-operate with the further
investigation of the case, if any.

c. He shall furnish proof of his residential
address and shall inform the I.O/Court,
if there is change in the address.

d.He shall not tamper with the
prosecution witnesses in any manner.

e. He shall not leave the jurisdiction of the
trial Court till the completion of the trial
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NC: 2024:KHC:7317
CRL.P No. 1410 of 2024

without permission of the trial Court or
until further orders.

f. He shall be regular in attending the
trial proceedings.

Petition is allowed.

SD/-

JUDGE

HB/TL
List No.: 1 Sl No.: 51

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