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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR. JUSTICE B.A. PATIL
CRIMINAL PETITION No.321/2019
BETWEEN:
Yallappa @ Yallappa
S/o Late Parasappa,
Aged about 27 years,
Security Guard,
R/o Near Banni Mahakaali Temple,
Bagath Singh Nagara,
Davanagere-577 003. …Petitioner
(By Sri K.N. Jayaprakash, Advocate)
AND:
The State of Karnataka
Women Police Station,
Davanagere,
Rept. By its SPP,
High Court Building,
Bengaluru-560 001. …Respondent
(By Smt. Namitha Mahesh.B.G, HCGP)
This Criminal Petition is filed under section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.128/2018 of Women Police Station, Davanagere for the
offence punishable under Section 498(A), 306, 504, 506
of IPC.
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This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner-
accused No.1 under Section 439 of Cr.P.C to release him
on bail in Crime No.128 /2018 of Women Police Station,
Davanagere for the offences punishable under Sections
306, 498A, 504, 506 of IPC.
2. I have heard the learned counsel for the
petitioner and the learned High Court Government Pleader
for respondent-State.
3. The brief facts of the case is that the second
daughter of the complainant was married to the
petitioner-accused No.1 in the month of June, 2011 at
Davanagere. For some time, they led happy marital life.
Thereafter, the petitioner-accused No.1 along with his
parents started to harass and ill-treat the deceased for
silly reasons and used to assault and abuse her in filthy
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language. On 20.08.2018, one Umesh informed the
complainant over the phone about ill-treatment and
harassment meted out by her husband-petitioner-accused
No.1 along with his family members and on the same day
at about 4.00 p.m., Lavanya-deceased unable to tolerate
the harassment, committed suicide in her matrimonial
house by hanging. Accordingly, a case has been
registered.
4. It is the submission of the learned counsel for
the petitioner that no injuries were found over the body of
the deceased. Petitioner-accused No.1 got married with
the deceased by loving her and they were living happily in
the matrimonial house for more than eight years. He
further submitted that in respect of other family members,
the Investigating Officer has dropped their names and
charge sheet has been filed only against the petitioner-
accused No.1 that too under Section 306 of IPC and other
sections of IPC. There are no eyewitness to the allege
incident and even the deceased used to threaten the
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petitioner-accused No.1 to make a separate house and
that if he does not make a separate house, then she would
commit suicide. He is ready to abide by any of the terms
and conditions that may be imposed by this Court and
also ready to offer surety, if he is released on bail. On
these grounds, he prayed to allow the petition and to
release the petitioner-accused on bail.
5. Per contra, learned High Court Government
Pleader vehemently argued and submitted that the alleged
offences are serious offence. Petitioner-accused No.1
along with his family members started ill-treating and
harassing the deceased for silly reasons. She further
submitted that before the alleged incident, the owner of
the house hear the Galata and when she came out and
saw, petitioner-accused No.1 was present and deceased
was laying on the road. She further submitted that the
alleged offence is punishable with imprisonment for ten
years. If the petitioner-accused No.1 is enlarged on bail,
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he may abscond and he may not be available for trail. On
these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through
the contents of the complaint and the submissions made
by the learned counsel appearing for the parties and
perused the records.
7. The contents of complaint makes it clear that
the case was registered under Section 498A, 504, 506,
114 and 302 read with Section 34 of IPC. Subsequently,
the charge sheet has been filed only under Sections 306,
498A, 504, 506 of IPC only against petitioner-accused
No.1. As could be seen from the charge sheet material,
there are no allegations made against the petitioner-
accused No.1 so as to attract the provisions of Section 306
of IPC. Though there is allegation of ill-treatment and
harassment made on the deceased, the complaint
indicates that the deceased has also attempted to commit
suicide earlier and at that time, a case was registered and
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she was advised not to commit suicide. However, this is a
matter which has to be considered and appreciated only at
the time of trial.
8. Under these facts and circumstances, I feel
that if the petitioner-accused No.1 is released on bail by
imposing some stringent conditions, then it is going to
meet the ends of justice.
9. In that light, the petition is allowed and
petitioner-accused No.1 is ordered to be released on bail in
in Crime No.128/2018 of Women Police Station,
Davanagere for the offences punishable under Sections
306, 498A, 504, 506 of IPC subject to following conditions:
1. Petitioner-accused shall execute a personal
bond for a sum of Rs.2,00,000/-(Rupees
Two Lakhs Only) with two sureties for the
likesum to the satisfaction of the trial
Court.
2. He shall not tamper with the prosecution
evidence directly or indirectly.
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3. He shall not leave the jurisdiction of the
Court without prior permission.
4. He shall mark his attendance on the first
date of every month between 10:00 a.m to
5:00 p.m before the jurisdictional police till
the trial is concluded.
5. He shall not indulge in similar type of
criminal activities.
Sd/-
JUDGE
HA/-
