Karnataka High Court
Mohd.Idris Ali Karobari vs The State Of Karnataka on 8 March, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200307/2017
Between:
Mohd. Edris Ali Karobari
S/o Mohd. Khaseem Ali
Age: 47 years, Occ: Business
R/o Ashraya Colony, Raichur
... Petitioner
(By Sri Shivanand V. Pattanashetti, Advocate)
And:
The State of Karnataka
R/by Addl. SPP, Kalaburagi Bench
(Through Railway P.S., Dist: Raichur)
... Respondent
(By Sri P.S. Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to grant the regular bail to the petitioner in
Raichur Railway P.S. Crime No.13/2017, pending on the file
in JMFC Court at Raichur, which is registered for the offence
P/U/Sec. 306 of IPC.
This petition coming on for Orders this day, the Court
made the following:-
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ORDER
This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking regular bail in Crime No.13/2017 of Raichur Railway Police Station, registered for the offence punishable under Section 306 of IPC.
2. Brief facts leading to filing of the complaint are that, the complainant's sister deceased Hajeerabanu got married with the accused about 18 years back. Out of the said wed lock, they begotten two sons and one daughter. Accused use to harass and quarrel with the deceased; she use to inform the said ill-treatment and harassment to the complainant. In that light, a panchayat was also conveyed and accused was advised not to repeat such things. In that light, on 01.02.2017 at about 4.00 a.m., accused picked up quarrel with the deceased, abused her in filthy language stating that "elliyadaru hogi biddu sayi", assaulted her and thrown her out of the house. Immediately, deceased went to a railway track and committed suicide. Therefore, a complaint came to be 3 lodged and on the basis of the said complaint, a case has been registered against the accused.
3. have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he has not committed any offence alleged against him. At the most, the only allegation is with regard to the harassment. It is contended that the words used by the accused that "elliyadaru hogi biddu sayi" will not attract the provisions of Section 306 of IPC. It is also contended that the alleged offences are not punishable with death or imprisonment for life. Though the marriage was taken place about 18 years back, no complaint or allegations are there prior to the alleged incident. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and 4 ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that prior to the deceased committing suicide, accused abused, assaulted and has thrown her out of house and as a result of the same, the deceased committed suicide on the railway track. As such, there is direct evidence to show that it is the accused, who is responsible for the death of the deceased. He has also contended that the investigation is still in progress and the police have to file the charge sheet after investigation. He has further contended that at this juncture, if the petitioner is released on bail, he may tamper with the prosecution witnesses, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition.
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6. I have gone through the copy of the FIR, complaint and other material produced along with the petition.
7. By going through the contents of the complaint and other material, it indicates that the petitioner picked up quarrel with his wife, abused her, assaulted her and also told that "elliyadaru hogi biddu sayi". So far as last aspect of the say of the petitioner is concerned, it will not attract the provisions of Section 306 of IPC. As rightly contended by the learned High Court Government Pleader, the other circumstances which led to the death of the deceased may attract the provisions of Section 498-A of IPC, but that is a matter which has to be considered and adjudicated at the time of trial. Be that as it may, the alleged offences are not punishable with death or imprisonment for life and even the alleged incident has taken place after 18 years of the marriage and there are no allegations or the complaint prior to the alleged incident. Under such circumstances, I feel that by 6 imposing some stringent conditions if the petitioner is released on bail, it would safeguard the interest of the prosecution and it would meet the ends of justice.
8. For the above reasons, the petition is allowed and petitioner/accused is ordered to be released on bail, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly;
iii) The petitioner shall make himself available to the Investigating Officer as and when required;
iv) The petitioner shall mark his attendance before the Investigating Officer once in fortnight till the charge sheet is filed;7
v) The petitioner shall appear before the trial Court on all the dates of hearing without fail.
Sd/-
JUDGE LG Ct: RRJ