Supreme Court - Daily Orders
Harish vs The State Of Karnataka on 6 August, 2021
Bench: Chief Justice, Surya Kant
SLP(Crl.) No.5436/21 1
ITEM NO.25 Court 1 (Video Conferencing) SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s).5436/2021
(Arising out of impugned final judgment and order dated 28-06-2021
in CRLP No.3241/2021 passed by the High Court of Karnataka at
Bengaluru)
HARISH & ANR. Petitioner(s)
VERSUS
THE STATE OF KARNATAKA Respondent(s)
(FOR ADMISSION and I.R. and IA No.88983/2021-EXEMPTION FROM FILING
O.T.)
Date : 06-08-2021 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT
For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The Court is convened through Video Conferencing. This petition is directed against order dated 28.06.2021 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No.3241 of 2021 whereby the High Court allowed the anticipatory bail applications of three co-accused, namely, Smt.Geeta, wife of Harish (petitioner No.1), Smt. Anuradha, wife of Girish Signature Not Verified (petitioner No.2) and Smt. Achhamma, mother of the Digitally signed by SATISH KUMAR YADAV petitioners and dismissed the anticipatory bail applications of the Date: 2021.08.10 18:53:44 IST Reason:
petitioners herein.SLP(Crl.) No.5436/21 2
The instant petition has been filed by petitioner Nos.1 and 2, who were accused Nos.1 and 2 before the trial court, seeking anticipatory bail. Both the petitioners are brothers-in-law of 1 st deceased and the 2nd deceased is the daughter of 1st deceased, who was 21 years old.
The case of the prosecution is that one Purnima, the sister of first deceased Nanditha, filed a complaint on 28.03.2021 against the petitioners-accused that her sister was residing in the house of the petitioners. Due to the harassment meted out by them, both Nanditha and her daughter Pragathi committed suicide by drowning in Narasapura Lake. After registering the case, the police were making hectic efforts to arrest these petitioners. Apprehending their arrest, the petitioners approached the Sessions Court for anticipatory bail, which came to be rejected. Aggrieved by the said order, the petitioners approached the High Court, which as discussed above, rejected the anticipatory bail application of the petitioners herein.
Feeling aggrieved by the order of the High Court, the petitioners have approached this Court by way of filing the present special leave petition praying for grant of anticipatory bail.
Heard learned counsel for the petitioner and carefully perused the record.
Learned counsel for the petitioner seeks parity with the other co-accused who have been granted anticipatory bail by the High Court.
It is evident from the record that the FIR against the petitioners was registered on 28.03.2021 under Sections 498A, 306 and 149 IPC. The materials placed on record prima facie disclose that the petitioners and co-accused harassed both the deceased physically and mentally and abetted their suicide. We are, therefore, of the view that the petitioners cannot seek parity with the other co-accused.
Taking into consideration the gravity of allegations levelled against the petitioners, we see no reason to grant anticipatory bail to the petitioners herein.SLP(Crl.) No.5436/21 3
The special leave petition is, accordingly, dismissed. As a sequel to the above, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (R.S. NARAYANAN) DEPUTY REGISTRAR COURT MASTER (NSH)