Karnataka High Court
Baron Bala S/O Bakul Bala And Anr vs The State Through Sho on 12 June, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200606/2017
Between:
1. Baron Bala S/o Bakul Bala
Age: 30 years, Occ: Centering
R/o R.H. Camp No.5, Sindhanoor
Tq: Sindhanoor, Dist: Raichur
2. Kuku Bala W/o Bakul Bala
Age: 60 years, Occ: Household
R/o R.H. Camp No.5, Sindhanoor
Tq: Sindhanoor, Dist: Raichur
... Petitioners
(By Sri B.K. Hiremath, Advocate)
And:
The State through SHO
Rural P.S., Sindhanoor
Tq. Sindhanoor, Dist. Raichur
Represented by SPP
High Court of Karnataka
Kalaburagi Bench
... Respondent
(By Sri Prakash Yeli, Addl. SPP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow the bail petition and release the
accused No.1 and 3 on bail in Crime No.56/2017 and in FIR
No.263/2017 of Rural P.S. Sindhanoor pending on the file of
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Prl. Civil Judge (Jr.Dn) & JMFC Court, Sindhanoor for
offences P/U/Sec. 498-A, 504, 323, 306 R/W 34 of IPC.
This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioners/accused Nos.1 and 3 under Section 439 of Cr.P.C., seeking regular bail in Crime No.56/2017 of Rural Police Station, Sindhanoor, registered for the offences punishable under Sections 498-A, 504, 323, 306 R/w Section 34 of IPC.
2. Brief facts leading to filing of the complaint are that, the elder daughter of the complainant has been given in marriage to accused No.1 prior to eight years of incident. Out of the said wed lock, she got two children and she was working as an Asha worker in Sindhanoor. It is further alleged that after three years of the marriage, the accused persons started suspecting her fidelity and they used to ill-treat and harass her both physically and mentally. The said aspect used to 3 be informed by the deceased to her parents and on 15.04.2017 at about 7.00 p.m., the complainant called the deceased to come to their village as there was a "Bhajana program" and at that time the deceased informed him that she will not come anywhere, as her husband and his family members have suspecting her fidelity and giving torture to her. She also expressed that she has been frustrated in her life and when the complainant advised her not to talk like that and pacified, but on the same day at about 10.30 p.m., he received the information that the deceased has died due to committing suicide by hanging. Therefore, a complaint came to be lodged and on the basis of the said complaint, a case has been registered against the accused persons.
3. I have heard the learned counsel for the petitioners and the Additional State Public Prosecutor appearing for respondent-State.
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4. The main grounds urged by the learned counsel for the petitioners are that the petitioners have not ill-treated and harassed the deceased and have not suspected her fidelity. It is also contended that the marriage of the deceased and accused No.1 has taken place about eight years prior to the incident and there is no question of she being ill-treating and harassing both physically and mentally and suspecting her fidelity. It is further contended that petitioner No.2/accused No.3 is the grand mother and she has to look after the minor children of accused No.1. It is further contended that petitioners are the permanent residents of Sindhanoor and they have got good reputation and they have got both movable and immovable properties, therefore there is no chance of they being absconded. Further, it is contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition. 5
5. Per contra, learned Additional State Public Prosecutor appearing for the respondent-State would contend that the petitioners are the main cause for the death of the deceased and because of the ill-treatment and harassment caused by the petitioners, deceased committed suicide by hanging. He would also contend that the investigation is still in progress and the other accused persons are absconding and they were not available for the purpose of investigation or interrogation, therefore, the petition filed by them under Section 438 of Cr.P.C. has been dismissed. He would further contend that at this juncture, if the petitioners are released on bail, they may tamper with the prosecution witnesses, they may abscond and they 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 averments made in the petition and the objections field by the learned Additional State Public Prosecutor.
7. The main allegation made in the complaint is that the petitioners used to suspect the fidelity of the deceased and also used to ill-treat and harass her and as such they used to tell to go and die. On the date of the alleged incident at about 7.00 p.m., the complainant called the deceased over the phone to come to their village for "Bhajana programme" and at that time also the deceased expressed her grievances as well as that she has fed up in the life and immediately thereafter about 10.30 p.m., she has committed suicide by hanging. When there is a material to show that the petitioners have ill-treated and harassed the deceased and as a result of the same, she committed suicide by hanging and when the investigation is still in progress and the charge sheet is not yet filed, that too when the 7 other accused persons are absconding, under such circumstances, I feel that at this premature stage it is not just and necessary to release the petitioners on bail.
Accordingly, the petition is dismissed. However, the liberty is reserved to the petitioners to file fresh bail application after the charge sheet is filed.
Sd/-
JUDGE LG Ct: RRJ