Karnataka High Court
Suresh Kumar B T vs The Sub Inspector Of Police on 11 April, 2017
Author: Rathnakala
Bench: Rathnakala
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.2647 OF 2017
BETWEEN:
Suresh Kumar B.T.
S/o Thimmappa,
Aged about 42 years,
Agriculturist,
Belligere Village,
Bhadravathi Taluk,
Pin Code No. 577301 ...Petitioner
(By Sri. Shaikh Saoud, Advocate)
AND:
The Sub-Inspector of Police,
Rural Police Station Bhadravathi,
Rep. by State Public Prosecutor,
High Court of Karnataka,
Bengaluru -560 001. ...Respondent
(By Sri. K. Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C praying to enlarge the petitioner on bail in Cr. No.
49/2017 of Bhadravathi Rural Police Station.
Shivamogga for the offence punishable under Section
498(A) and 306 read with Section 34 of IPC and etc.
-2-
This Criminal Petition is coming on for orders this
day, the Court made the following:
ORDER
The respondent-police have registered a case against the petitioner and two others in respect of offences punishable under Section 498(A) and 306 read with Section 34 of IPC.
2. The allegation is, the deceased Sukithri was married to the petitioner (A-1) last 9 years and they have two children from their marriage. Later, the accused No.2 and 3 i.e., Brother and Son in law of this petitioner who are residing next to the house of the petitioner, were harassing the deceased mentally and thus tortured her. The petitioner would come to home in drunken condition, abuse her physically and verbally. Unable to bear his torture, the deceased committed suicide by hanging in her matrimonial home during the day time. The petitioner is in custody since 04.03.2017. The co-accused -3- are on bail as per the Interim Order. There is nothing to presume that the petitioner subjected the deceased to physical cruelty immediately prior to her death. In the given circumstance, continuation of the petitioner in judicial custody is not required for the purpose of further investigation.
3. Accordingly, petition is allowed. Petitioner is enlarged on bail in Cr.No.49/2017 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self-bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Court.
(ii) He shall surrender his passport to the concerned Court till conclusion of trial.
(iii) He shall attend the Court regularly on all hearing dates and shall not tamper the prosecution witnesses.
Sd/-
JUDGE Mds/-