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Yallappa @ Yallappa vs The State Of Karnataka on 13 March, 2019

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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/-

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