Karnataka High Court
Neelappa S/O Puttappa Yedennavar vs The State Of Karnataka on 16 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102394 of 2022
c/w CRL.P.No.102452 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 16TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102394 OF 2022
C/w CRIMINAL PETITION NO. 102452 OF 2022
In Crl.P.No.102394/2022
BETWEEN:
1. NEELAPPA S/O PUTTAPPA YEDENNAVAR
AGE. 29 YEARS, OCC. COOLIE,
R/O. HURALIKOPPI VILLAGE,
TQ. SAVANUR, DIST. HAVERI
2. MANJAVVA W/O MAILAREPPA YEDENNAVAR
AGE. 60 YEARS, OCC. COOLIE,
R/O. HURALIKOPPI VILLAGE,
TQ. SAVANUR, DIST. HAVERI
...PETITIONERS
(BY SRI. VIJAY M MALALI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
SAVANUR POLICE STATION, HAVERI,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO GRANT THE REGULAR BAIL TO THE PETITIONERS
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CRL.P No. 102394 of 2022
c/w CRL.P.No.102452 of 2022
NO.1 AND 2/ACCUSED NOS. 2 AND 3 IN SAVANUR PS CRIME
NO.122/2022 PENDING ON THE FILE OF PRL. CIVIL JUDGE
(JR.DN) AND JMFC COURT, SAVANUR FOR THE OFFENCES
PUNISHABLE U/SEC. 323, 306, 498A, 504, 506 R/W 149 OF IPC.
In Crl.P. No. 102452 OF 2022
BETWEEN:
1. NINGAPPA S/O MAILARAPPA YEDENNAVAR
AGE. 35 YEARS, OCC. COOLIE,
2. GUNDAPPA S/O MAILARAPPA YEDENNAVAR,
AGE. 35 YEARS, OCC. COOLIE
BOTH ARE RESIDENT OF
HURALIKOPPI VILLAGE,
TQ. SAVANUR, DIST. HAVERI
...PETITIONERS
(BY SRI. VIJAY M MALALI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
SAVANUR POLICE STATION, HAVERI,
REPRESENTED BY,
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO GRANT THE REGULAR BAIL TO THE PETITIONERS
NO.1 AND 2/ACCUSED NOS.4 AND 5 IN SAVANUR P.S. CRIME
NO.0122/2022 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE
(JR.DN) AND JMFC COURT, SAVANUR FOR THE OFFENCES
PUNISHABLE U/S 323, 306, 498A, 504, 506, R/W 149 OF IPC.
THESE CRIMINAL PETITIONs COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102394 of 2022
c/w CRL.P.No.102452 of 2022
ORDER
Criminal Petition No.102394/2022 is filed by accused Nos.2 and 3 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) and Criminal Petition No.102452/2022 is filed by accused Nos.4 and 5 under Section 438 of Cr.P.C. Both the petitions are filed in respect of Crime No.122/2022 of Savanoor Police Station registered for the offences punishable under Sections 323, 306, 498A, 504 and 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, one Smt. Gowravva, w/o Ningappa Madar, has filed the complaint stating that, her daughter Annapurna had love affair with accused No.1-Yalappa and their marriage has been performed on 11.11.2021 and it is registered in Mundgoda Sub-Registrar's Office and both were residing together in Huralikoppa village -4- CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 in a separate house. After few months, her daughter's husband,(accused No.1), brother's son Neelappa(accused No.2), mother-in-law(accused No.3), husband's brothers Ningappa(accused No.4) and Guddapa(accused No.5) abused her daughter stating that she belong to a lower caste and she is not supposed to stay with them and she has to stay separately and kept her daughter in a separate house. It is further stated that, her daughter's husband (accused No.1)-Yallappa used to come to the house consuming alcohol every day and used to quarrel with her daughter and used to abuse her daughter stating that he is residing separately away from his parents as he has married to her daughter. The relatives of the complainant told that 3 months prior to the incident that, they came in front of her daughter's house and the accused were abusing her and threatening to kill her. It is further stated that on 22.07.2022 she made a phone call to her and when she was talking, the husband of her daughter -5- CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 abused her using vulgar words and snatched the phone and stated that, he is suffering as he married her. Thereafter, the complainant received phone call on 24.07.2022 at 6:00pm stating that her daughter has committed suicide by hanging. They went and saw the dead body lying on the mat and there was a black colour veil in the neck. It is stated that, due to harassment given by the accused, her daughter committed suicide. The said complaint came to be registered in Crime No.122/2022 by Savanoor Police for the aforesaid offences. Accused Nos.2 and 3 came to be arrested on 06.08.2022 and they are in judicial custody. Accused Nos.2 and 3 filed Crl.Misc.No.604/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Haveri, by order dated 16.08.2022. Accused Nos.4 and 5 filed Crl.Misc.No.586/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Haveri, by -6- CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 order dated 11.08.2022. Therefore, the petitioners are before this Court seeking bail/anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent- State.
4. Learned counsel for the petitioners would contend that the marriage of Annapurna-deceased and accused No.1 is a love marriage. After their marriage, they were residing separately in a house and these petitioners were residing separately. As per the averments of the complaint, the allegation of abuse by these petitioners is 3 months prior to the deceased committing suicide. There is no dying declaration. The offences alleged against the petitioners are not punishable with death or imprisonment for life. The petitioners are ready to co-operate with the police in the investigation. Accused No.3 is a woman aged 60 years and her -7- CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 husband is physically handicapped and she has to look after him. With these he prayed to allow the petitions.
5. Per contra, learned High Court Government Pleader would contend that the offences alleged against the petitioners are heinous offences punishable with death or imprisonment for 10 years. The petitioners used to harass the deceased as she belongs to a lower caste and her marriage with accused No.1 is a love marriage. Therefore, unbearable with the harassment given by the petitioners, Annapurna committed suicide by hanging. Investigation is still in progress and if the petitioners are granted bail/anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses and flee from justice. With this, he prayed to reject the petitions.
6. Having regard to the submission made by the learned counsel for the petitioners and the -8- CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the orders passed by the Sessions Court.
7. The marriage of Annapurna(deceased) with accused No.1 is a love marriage. As per the averments of the complaint, the deceased and accused No.1 after their marriage were residing separately in a separate house. Abuse by these petitioners to the deceased and abetting her to commit suicide, is three months prior to the deceased committing suicide. Therefore, at this stage, when investigation is in progress, it cannot be said that, these petitioners abetted the deceased to commit suicide. The offences alleged against the petitioners are not punishable with death or imprisonment for life. The petitioners have undertaken to co-operate with the police in the investigation.
-9-CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022
8. The main apprehension of the prosecution is that, if the petitioners are granted bail/anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail/anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER Criminal Petition No.102394/2022 filed by accused Nos.2 and 3 under Section 439 of Cr.P.C. and Criminal Petition No.102452/2022 filed by accused Nos.4 and 5 under Section 438 of Cr.P.C. are allowed.
Accused Nos.2 and 3 are ordered to be released on bail in Crime No.122/2022 of Savanoor Police Station, Haveri, subject to the following conditions:
- 10 -CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022
i. The petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. The petitioners/accused Nos.2 and 3 shall co-operate in the investigation and make themselves available for interrogation whenever required.
iii. The petitioners/accused Nos.2 and 3 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
iv. The petitioners/accused Nos.2 and 3 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Accused Nos.4 and 5 are ordered to be released on bail in the event of their arrest in Crime
- 11 -CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022
No.122/2022 of Savanur Police Station, Haveri, subject to the following conditions:
i) The petitioners/accused Nos.4 and 5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer.
ii) The petitioners/accused Nos.4 and 5 shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
v. The petitioners/accused Nos.4 and 5 shall remain present before the police station concerned on every Sunday between 10:00am and 6:00pm and mark their presence for a period of two months or till filing of the charge sheet whichever is earlier.
vi. The petitioners/accused Nos.4 and 5 shall co-operate in the investigation and make
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CRL.P No. 102394 of 2022 c/w CRL.P.No.102452 of 2022 themselves available for interrogation whenever required.
vii. The petitioners/accused Nos.4 and 5 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
viii. The petitioners/accused Nos.4 and 5 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE kmv