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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY 2018
BEFORE
THE HON’BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9239/2017
BETWEEN:
Sri Thippeswamy
S/o Late Anjinappa
Aged about 28 years
R/at Lingadahalli Village
Pavagada Taluk
Tumkur District-561 202.
Karnataka. .. PETITIONER
(By Sri Krishna Kishore N, Adv.)
AND:
The State of Karnataka
By the Arasikere Police Station
Bangalore
Represented by their
State Public Prosecutor
High Court Complex
Bangalore-560 001. .. RESPONDENT
(By Sri Chetan Desai, HCGP)
This criminal petition is filed under Section under
Section 438 of the Cr.P.C. praying to enlarge the
petitioner on bail in the event of his arrest in
Cr.No.52/2016 (C.C.No.330/2017) of Arasikere P.S.,
Tumkuru District for the offences punishable under
Sections 498A, 504, 323, 306 read with Section 34 of IPC.
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This petition coming on for Orders this day, the
Court made the following :
ORDER
This petition is filed by the petitioner-accused No.1
under Section 438 of Cr.P.C. seeking a direction to the
respondent police that in the event of his arrest, he be
released on bail for the offences punishable under
Sections 498A, 504, 323, 306 read with Section 34 of IPC
registered in respondent Police Station Crime
No.52/2016.
2. Earlier, the case came to be registered in
Challakere police station in Crime No.37/2015 on
13.2.2015 and subsequently, on the point of jurisdiction,
the same came to be transferred to respondent-Arasikere
police station.
3. I have heard the learned Counsel appearing for
the petitioner-accused No.1 and the learned High Court
Government Pleader appearing for the respondent-State.
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4. Learned Counsel for the petitioner drawing the
attention of this Court to the contents of the complaint
and the other materials made submission that there are
no allegations to attract the offence under Section 306 of
IPC as against the petitioner herein. The learned Counsel
submitted that the materials clearly show that the
deceased had been to her sister’s house and the incident
took place in the house of sister of the deceased. False
allegations are made against the petitioner and other
accused that they were giving the ill treatment and
harassment to the deceased. The learned Counsel
submitted that after registering complaint in Crime
No.52/2016 of Arasikere police station, the police called
the petitioner to police station and because of that reason,
the petitioner has the apprehension of his arrest.
Investigation of the case is completed and the charge
sheet has been filed. Therefore, by imposing reasonable
conditions, the petitioner may be admitted to bail.
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5. Per contra, learned HCGP opposed the petition
contending that looking to the allegations made in the
complaint and as said to have been narrated by the
deceased before her sister i.e., the complainant herein,
the petitioner along with another accused was abusing
the deceased in filthy language stating that she does not
how to prepare food. They have been suspecting her
fidelity and saying that she is having extra marital
relationship. Because of these abusive words, the
deceased committed suicide. Hence, submitted that
petitioner-accused No.1, against whom the allegations are
made, is not entitled for bail.
6. Looking to the materials collected during
investigation, prima facie, they indicate that the deceased
was subjected to ill treatment and harassment because
the petitioner herein along with the other accused was
suspecting her fidelity and even there was accusation that
she was having extra marital relationship. Because of the
abusive words, the deceased got disappointed and took
extreme steps of putting her life to an end. The said
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materials are also available from the statement of the
witnesses. Therefore, the prosecution has placed prima
facie material as against the petitioner that he along with
the other accused has abetted the commission of the
offence by the deceased. Therefore, it is not a fit case to
exercise discretion in favour of the petitioner herein. The
petition is accordingly dismissed.
7. At this stage, learned Counsel for the petitioner
made submission that the petitioner is prepared to
surrender before the concerned Court. In case the
petitioner voluntarily surrenders and makes an
application, the concerned Court shall consider the
application on priority basis, in accordance with law and
dispose of the same, if possible, on the same day.
Sd/-
JUDGE
Cs/-
Ct-SG/-