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Sri Syed Farooq vs State Of Karnataka on 16 January, 2019

CRL.P.NO.8178 /2018
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF JANUARY, 2019

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.8178 OF 2018

BETWEEN:

SRI.SYED FAROOQ
S/O.SYED MOHAMMED
AGED ABOUT 37 YEARS
R/AT.NO.13, 6TH CROSS
NEAR MECCA MASJID ROAD
GANGONDANAHALLI
BANGALORE – 560 039.
…PETITIONER
(BY SRI.MOYEENULLA ABBASI, ADV., FOR
SRI.RAHAMATHULLA SHARIFF, ADV.,)

AND:

STATE OF KARNATAKA
BY CHANDRA LAYOUT POLICE STATION
BANGALORE
BY THE PUBLIC PROSECUTOR
HIGH COURT BUIILDING
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.211/2018 (S.C.NO.1395/2018) OF CHANDRA LAYOUT
POLICE STATION, BANGALORE CITY FOR THE OFFENCE
P/U/S/ 498A AND 304B R/W.34 OF IPC.
CRL.P.NO.8178 /2018
2

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Petitioner is accused No.1 in Crime No.211/2018

of Chandra Layout Police Station which is now pending

in S.C.No.1395/2018 on the file XLV Additional City

Civil and Sessions Judge, Bengaluru City. Petitioner

and his sister – Thabsum were charge sheeted in the

said case for the offences punishable under Section

498-A, 304-B read with Section 34 of IPC and Sections

3 and 4 of Dowry Prohibition Act.

2. The first wife of the petitioner had died and

he had four issues out of the said marriage. The

petitioner married deceased – Nasreen Taj as his 2nd

wife on 13.07.2015.

3. It is alleged that petitioner had extra marital

relationship and both the accused were subjecting the

deceased to physical and mental cruelty in connection
CRL.P.NO.8178 /2018
3

with their unlawful demands and being unable to

withstand such cruelty Nasreen Taj committed suicide

on 27.04.2018 at 10.30 a.m. in the house of the

petitioner by hanging herself.

4. As per the complaint and charge sheet, the

death is suicidal one and except ligature mark, there

were no other injuries on the dead body. There were no

previous complaints regarding alleged unlawful

demands of the accused. Whether the alleged cruelty of

the petitioner could drive a person of ordinary prudence

to commit suicide, has to be decided on trial. The

petitioner is in judicial custody since 27.04.2018.

Under these circumstances, it is a fit case to grant bail

with suitable conditions.

5. The petition is allowed. Petitioner is granted

bail in Crime No.211/2018 of Chandra Layout Police

Station, which is pending in S.C.No.1395/2018 on the
CRL.P.NO.8178 /2018
4

file XLV Additional City Civil and Sessions Judge,

Bengaluru City, subject to the following conditions:

1) The petitioner shall execute personal bond
in a sum of Rs.50,000/- and furnish two
sureties in the like-sum to the satisfaction
of the 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.

Sd/-

JUDGE

VMB

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