IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2019
THE HON’BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.8178 OF 2018
AGED ABOUT 37 YEARS
R/AT.NO.13, 6TH CROSS
NEAR MECCA MASJID ROAD
BANGALORE – 560 039.
(BY SRI.MOYEENULLA ABBASI, ADV., FOR
SRI.RAHAMATHULLA SHARIFF, ADV.,)
STATE OF KARNATAKA
BY CHANDRA LAYOUT POLICE STATION
BY THE PUBLIC PROSECUTOR
HIGH COURT BUIILDING
BANGALORE – 560 001.
(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.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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
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
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