Karnataka High Court
Shri. Kallappa S/O Mallikarjun Patil vs The State Of Karnataka on 4 December, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 4 t h DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102241/2021
BETWEEN:
SHRI. KA LLA PPA S /O MALLIKARJ UN PATIL
AGE 25 YEARS , OCC AGRI CULT URE
R/O BELLAD BAGEWADI
TALUKA. HUKKERI AND
DISTRICT BELA GA VI PIN .591305
...PETITIONER
(BY SRI. S.M . MUCHHANDI, ADV OCAT E)
AND:
THE STATE OF KARNATAKA
THE POLI CE INSPECTOR
CHIKKODI POLICE STATION 591201
REPRES ENTED BY ITS STATE PUBLI C PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF K ARNATAKA
AT. DHARWAD BEN CH-580011
... RES PONDENT
(BY SRI. RAMESH B.CHI GARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING THE PETITION BE ALLOWED AN D
THE PETITIONER MAY KINDLY BE ENLARGED ON
REGULAR BAIL IN C.C. NO. 1205/2021 (CHIKKODI P.S .
CRIME 147/ 2021 U/S 498(A) , 307 R/ W 34 I PC) ON THE
FILE OF HON'BLE PRINCIPA L CIVIL J UDGE AND J.M.F.C
COURT CHIKKODI DISTRICT BELA GA VI.
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THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Accused No.1 has filed this petition under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Chikodi Police Station Crime No.147/2021 registered for the offences punishable under Sections 498(A) and 307 read with Section 34 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that one Mallappa Satyeppa Sullannavar has filed the complaint stating that her younger daughter Rekha @ Renuka was given in marriage to the petitioner/accused No.1 on 04.05.2018 and they are having a girl child by 3 name Chandana aged one year six months. It is further stated that, the petitioner/accused No.1 and his mother/accused No.2 and father/accused No.3 were always harassing her and in that regard the elders had advised them. It is further stated that on 22.07.2021 at about 9.30 pm, the petitioner/accused No.1 came to the house of the complainant and stayed there. In the night at about 11:00 pm the complainant's daughter Rekha @ Renuka came out of the room shouting that the petitioner had administered poison. During this incident, the petitioner/accused No.1 escaped from the house leaving his motorcycle there. The said Rekha @ Renuka was admitted to Sri. Jagadguru Gurusiddeshwar Co-operative Hospital, Ghataprabha, and later she was referred to KLE Hospital, Gokak. The said 4 complaint came to be registered in Crime No.147/2021 in Chikodi Police Station for the offences under Sections 498(A) and 307 read with Section 34 of IPC against the petitioner and his parents. The petitioner came to be arrested on 31.07.2021 and he is remanded to judicial custody. The Police, after investigation, filed charge-sheet for offences under Sections 498(A) and 307 read with Section 34 of IPC against the petitioners and his parent. The petitioner filed Criminal Miscellaneous No.1207/2021 seeking bail and the same came to be rejected by the learned V Additional District and Sessions Judge, Belagavi by order dated 09.11.2021. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the 5 learned High Court Government Pleader for the respondent-State.
4. It would be the contention of the learned counsel for the petitioner that, the victim Rekha @ Renuka, who is the wife of the petitoner, did not lead marital life with him and she went to her parents house and in spite of his request, she did not return and therefore he issued a legal notice by registered post on 19.10.2020 asking her to come and lead marital life. The said notice sent by registered post has been returned as refused. It is his further submission that the victim Rekha @ Renuka has been discharged from the hospital and there is no danger to her life. As charge- sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed for allowing the petition.
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5. Per contra, learned High Court Government Pleader would contend that the statements of CWs.6, 7 and 8 reveal that the petitioner has harassed the victim Rekha @ Renuka and administered her poison as stated by the victim. The charge sheet material show prima facie case against the petitioner for the offences alleged against him. If the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
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7. The accusation levelled against the petitioner is that, he used to harass his wife Rekha @ Renuka and on 22.07.2021 at about 11.00, pm in the house of Rekha in a room, he administered poison to her and she was taken to Jagadguru Gurusiddeshwar Co-operative Hospital, Ghataprabha and for further treatment to KLE Hospital, Gokak. The said alleged act of administering poison has taken place inside their room where the door of which was closed. In the wound certificate of the victim Rekha @ Renuka, the history, as given by the patient is mentioned as, consumption of toxic substance. There is no mention of administration of poison to the victim Rekha. Therefore, whether the petitioner has administered poison to the victim or she consumed poison is a matter of trial. The 8 Charge-sheet has been filed and therefore, the petitioner is not required for custodial interrogation. The alleged offences is not punishable with death or imprisonment for life. There are no criminal antecedents of the petitioner. The main objection of the prosecution is that if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses and flee from justice. The said objection can be met with by imposing stringent conditions.
8. 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 subject to certain terms and conditions. Hence, I proceed to pass the following:
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ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.147/2021of Chikodi Police Station subject to the following conditions:
i) The petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused No.1 shall attend the Court on all the dates of hearing unless exempted and co-
operate in speedy disposal of the case.
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iv) The petitioner/accused No.1 shall not visit the village of the victim namely Pogatyanatti, in Chikodi taluk of Belagavi District till disposal of the case registered against him.
Sd/-
JUDGE kmv