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Wajid Ur Rehaman vs The State Of Karnataka By on 16 May, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF MAY, 2019

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION No.9728 OF 2018

Between:

Wajid Ur Rehaman,
S/o. Mujeeb ur Rehaman,
Aged about 26 years,
R/at No.131,
Kaveri Block,
Sai Shakthi Layout,
Mylasandra, Begur,
Bengaluru-560 068.
… Petitioner

(By Sri. Kemparaju, Advocate)

And:

The State of Karnataka by
Electronic City Police Station,
Rep. by its public prosecutor,
High Court complex,
Bengaluru-560 001.
… Respondent

(By Sri. M. Divakar Maddur, HCGP)
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This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Crime No.267/2018 (C.C. No.9641/2018) of Electronic
City Police Station, Bangalore City for the offence P/U/S
498A, 306, r/w 34 of SectionIPC.

This Criminal Petition coming on for Orders this
day, the Court made the following:

ORDER

The petitioner is accused No.1 in Crime

No.267/2018 registered at Electronic City Police

Station. After completion of investigation, charge sheet

has been filed against accused Nos.1 to 3 for the offence

punishable under Sections 498A, Section306 read with Section

34 of IPC.

2. The case of the prosecution is that the

deceased Sharada is the daughter of the complainant.

When the deceased was studying in Shivajinagara

College, she got acquainted with the petitioner herein

and the petitioner took her to his house and kept her

there. Thereafter, on the undertaking given by the

petitioner that he will look after the deceased properly,
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the marriage of the deceased was performed with the

petitioner on 25.12.2015. For few days, the petitioner

looked after the deceased properly, but later, the

accused i.e., petitioner herein and his parents started

giving physical and mental torture to the deceased in

connection with petty matters. Thereafter, the deceased

and the petitioner herein started residing separately,

even thereafter, the petitioner and other accused were

harassing her. Unable to bear the physical and mental

torture at the hands of the accused persons, the

deceased committed suicide by hanging on 02.09.2018

in the matrimonial house.

3. The learned counsel appearing for the

petitioner submits that the accused Nos.2 and 3 have

already been enlarged on bail. The petitioner was living

cordially with the deceased. However, for unknown

reasons she has committed suicide. He submits that the

entire allegation does not attract the ingredients of
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Sections 306 of IPC and accordingly, he seeks to enlarge

the petitioner on bail.

4. Per contra, the learned High Court

Government Pleader would contend that the petitioner

has instigated the deceased to commit suicide and

therefore Section 306 of IPC is attracted. He submits

that if the petitioner is enlarged on bail, then he will

tamper with the prosecution witnesses and hamper the

case and he may also flee from justice. Accordingly, he

seeks to dismiss the petition.

5. It is not disputed that the 2nd and 3rd

accused have already enlarged on bail. The investigation

is completed and charge sheet has been filed. The truth

or otherwise of the charge sheet averments have to be

established by the prosecution during the course of

trial. The petitioner is in judicial custody since

02.09.2018. He is not required for any further

interrogation. Since the investigation is completed and
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charge sheet has been filed, I am of the view that the

petitioner may be enlarged on bail subject to conditions.

6. Accordingly, I pass the following:

ORDER

The petition is allowed. The petitioner shall be

released on bail in Crime No.267/2018 registered at

Electronic City Police Station, pending in C.C.

No.9641/2018 on the file of the Chief Judicial

Magistrate (CJM), Bengaluru Rural District, Bengaluru,

for the offences punishable under section 498(A), 306

R/w 34 SectionIPC on the following conditions:

(i) The petitioner shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for
likesum to the satisfaction of the Trial Court.

(ii) The petitioner shall not tamper
with the prosecution witnesses and shall not
hamper the case in any manner.

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(iii) The petitioner shall be regular in
attending the court proceedings.

sd/-

JUDGE

snc

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