1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.3818/2017
BETWEEN:
SRI T K GIRISH
S/O KRISHNAMURTHY
AGED ABOUT 35 YEARS,
R/AT SRIRAMAPURA BEEDI
T NARASIPURA TOWN
MYSORE DISTRICT-571301
KARNATAKA STATE.
…PETITIONER
(BY SRI.MANU B P., ADV.)
AND
THE STATE OF KARNATAKA
REP. BY SPP, HIGH COURT COMPLEX,
BANGALORE-560001.
…RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN S.C.NO.387/2016 (CR.NO.231/2016) REGISTERED
BY T.NARASIPURA POLICE FOR THE OFFENCE P/U/S 306,
324 AND 498(A) OF IPC ON THE FILE OF V ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MYSURU.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
under Section 439 of Cr.P.C. seeking his release on bail
of the offences punishable under Sections 498A and
302 of IPC, registered in respondent – police station
Crime No.231/2016. But after conducting the
investigation, charge sheet came to be filed for the
offence punishable under Section 306, 324 and 498A of
IPC.
2. Brief facts of the prosecution case that the
father of the deceased lodged the complaint, wherein he
has stated that the deceased was given in marriage to
the petitioner about nine years back. It is also stated in
the complaint that the accused was suspecting the
fidelity of the daughter of the complainant whenever she
used to receive the phone calls and on that ground the
3
petitioner was giving ill-treatment and harassment to
her and because of the said ill-treatment and
harassment, she committed suicide. On the basis of the
said complaint, case came to be registered for the said
offence.
3. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
4. During the course of arguments, learned
counsel for the petitioner drew the attention of this
Court to two death notes said to have been left by the
deceased. The learned HCGP has submitted that these
two death notes were referred to handwriting expert and
the expert has given the opinion that they are the hand
writings of the deceased.
4
5. Perusing the two death notes, wherein it is
mentioned that the victim herself took a decision to put
an end to her life and nobody is responsible for her
death. It is contended by the petitioner that he is
innocent and not involved in committing the alleged
offence, he has been falsely implicated in the case and
he has also undertaken to abide by any conditions to be
imposed by this Court. It is also submitted by both
sides that investigation is completed and charge sheet
has been filed. Therefore, looking to the contents of the
two death notes and as the alleged offence is also not
exclusively punishable with death or imprisonment for
life, I am of the opinion that by imposing reasonable
conditions, petitioner can be released on bail.
6. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail in
5
Crime No.231/2016 registered for the above said
offence, subject to the following conditions:
i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
furnish one surety for the likesum to
the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to appear before the
concerned Court regularly.
Sd/-
JUDGE
BSR
