IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY 2019
THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION No.1495/2019
S/o. Late Shivalingaiah
Aged about 30 years,
R/at No.53, 4th Floor,
1st Cross, Byraveshwaranagar,
Mysuru 570 001.
Permanently residing at
No.267, Behind Government,
ITI College, NES Layout,
Mandya District 571 430. … Petitioner
(By Sri. M. R. Nanjunda Gowda, Advocate)
The State of Karnataka
By Metagalli Police Station,
Rep. by Public Prosecutor,
High Court of Karnataka,
Bengaluru 560 001. … Respondent
(By Sri S. Rachaiah, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C., praying to enlarge the petitioner on bail in
Spl.C.No.433/2018 (Crime No.137/2018) of Metagalli Police
Station, for the offences p/u/s 498A, 302 of SectionIPC and
Sections 3(2)(va) of SC ST (Prevention of Atrocities)
SectionAmendment Act, 2015 pending on the file of the Hon’ble VI
Additional District and Sessions Judge at Mysuru.
This Criminal Petition coming on for Orders this day,
the Court, made the following:
Notice issued to the complainant has been served.
2. The petitioner is seeking to be enlarged on
bail in connection with his detention pursuant to the
proceedings in Crime No.137/2018 for the offences
punishable under Sections 498-A and Section302 of IPC and
Section 3(2)(va) of the Scheduled Castes and SectionScheduled
Tribes (Prevention of Atrocities) Amendment Act, 2015.
3. The case of the prosecution is that the
complaint was filed by the father of the victim on
30.08.2018. It is alleged that the petitioner was
harassing the victim for dowry. It is further stated that
the petitioner was an alcoholic and used to abuse the
complainant’s daughter physically. It is stated that the
complainant received information from his son’s
friend that the petitioner had killed the complainant’s
daughter. In light of the said incident, a complaint came
to be filed. Pursuant to the same, FIR is registered,
investigation is complete and charge sheet has been
4. The learned counsel for the petitioner states
that the version of the prosecution as made out in the
charge sheet is not tenable. It is stated that the case
rests on circumstantial evidence, as none has witnessed
the commission of offence.
5. It is stated that the reliance on the
statement of CW-10 who is alleged to have seen the
petitioner coming out of the house on the morning of
30.08.2018 would not by itself justify the imputation
sought to be made in the charge sheet.
6. Taking note of the fact that the case rests on
circumstantial evidence, as there is no witness who has
seen the commission of offence, the proof of offence is a
matter for trial. Where the case rests on proof of
circumstantial evidence and the petitioner is seeking to
be enlarged on bail, the case needs to be treated
differently as compared to a case where a witness has
seen the commission of the offence.
7. In light of the above facts and also noticing
that the petitioner is in custody since 4.9.2018 and that
he is an employee of KPTCL, the petitioner is entitled to
be enlarged on bail.
8. In the result, the bail petition filed by the
petitioner under Section 439 of Cr.P.C. is allowed and
the petitioner is enlarged on bail in Crime No.137/2018
for the offences punishable under Sections 498-A and
Section302 of IPC and Section 3(2)(va) of the Scheduled Castes
and SectionScheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015, subject to the following
(i) The petitioner shall execute a personal
bond of `1,00,000/- (Rupees one Lakh
only) with one surety for the likesum to
the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for
the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with
evidence, influence in any way any
(iv) In the event of change of address, the
petitioner to inform the same to the
(v) Any violation of the aforementioned
conditions by the petitioner, shall
result in cancellation of bail.
Any observation made herein shall not be taken as
an expression of opinion on the merits of the case.