IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2017
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8729/2017
Yallalinga @ Santhosh
S/o Baragala Sidda
Aged about 25 years
Working at Himalaya Factory
Permanent Resident of
Mysore City-570 022. … PETITIONER
(By Sri Kumara K G, Adv.)
State of Karnataka
By Madanayakanahalli Police
Represented by learned
State Public Prosecutor
High Court of Karnataka
Bangalore-560 001. …RESPONDENT
(By Sri Chetan Desai, HCGP)
This Criminal Petition is filed under Section 439 of the
Cr.P.C. praying to enlarge the petitioner on bail in Cr.
No.166/2017 (Spl.C.C.No.205/2017) of Madanayakanahalli
P.S., Bangalore for the offences P/U/Ss 498A, 306 of IPC
and Section 3(2)(5) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act.
This Criminal Petition coming on for orders this day,
the Court made the following:
This petition is filed by the accused under Section
439 of Cr.P.C. seeking his release on bail for the
offences punishable under Sections 498A, 306 of IPC
and under Section 3(2)(5) of the SC/ST (POA) Act, 1989
registered in respondent – police station Crime
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
3. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
4. Father of the deceased is the complainant. He
has stated that his daughter deceased Manjula fell in
love with the accused. As such, her marriage was
performed with him. After the marriage they were living
together in a rented house. The accused was not talking
to the deceased properly. On 8.4.2017 at about 5.00
a.m. the accused called the complainant to come to the
house. On going there, the complainant came to know
that his daughter had committed suicide. It is
mentioned in the complaint that the accused was not
liking his wife and her relatives and he was giving ill-
treatment to his daughter.
5. The petitioner who is the husband of the
deceased denied the allegations in the complaint.
Looking to the materials placed on record it is seen that
the deceased has not left any note regarding the alleged
ill-treatment or harassment by her husband. It is the
allegation made by the complainant-father.
6. The petitioner has contended in the petition
that there is a false implication. He is innocent and not
committed the alleged offences. He has undertaken to
abide by any reasonable conditions to be imposed by
this Court. Now the investigation is completed and
charge sheet is also filed. The alleged offences under
Sections 498A and 306 of IPC are not exclusively
punishable with death or imprisonment for life. From
the date of arrest, the petitioner is in custody.
Considering these material, I am of the opinion that by
imposing reasonable conditions petitioner can be
admitted to regular bail.
7. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for
the offences punishable under Sections 498A, 306 of
IPC and under Section 3(2)(5) of the SC/ST (POA) Act,
1989 registered in respondent – police station Crime
No.166/2017, subject to the following conditions:
i. Petitioner shall execute a personal
bond for a sum of Rs.1,00,000/- and
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
iii. Petitioner shall appear before the
concerned Court regularly.