Karnataka High Court
Sagar Babagouda Patil vs The State Of Karnataka on 8 July, 2024
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NC: 2024:KHC-D:9364
CRL.P No. 101841 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 101841 OF 2024
BETWEEN:
SAGAR BABAGOUDA PATIL
S/O. BABAGOUDA PATIL,
AGED ABOUT 23 YEARS,
OCC: AGRICULTURE,
R/O: ARALIKATTI VILLAGE-587122,
TQ: MUDHOL, DIST: BAGALKOT.
...PETITIONER
(BY SRI RAJASHEKHAR BURJI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH HARUGERI POLICE STATION, BELAGAVI,
HARUGERI-591220, RAIBAG TALUK,
BELAGAVI DISTRICT,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally DHARWAD BENCH.
signed by ...RESPONDENT
NARAYANA
UMA (BY SMT.KIRTILATA R.PATIL, HCGP)
Location:
HIGH COURT
OF THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
KARNATAKA
SEEKING TO ALLOW THE PETITION AND ENLARGE PETITIONER/
ACCUSED NO.1 ON BAIL IN PURSUANCE OF CRIME NO.84/2024
REGISTERED BEFORE THE HARUGERI POLICE STATION, HARUGERI
RAIBAG TALUK, BELAGAVI DISTRICT FOR THE OFFENCE P/U/SEC.
341, 342, 324, 306 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:9364
CRL.P No. 101841 of 2024
ORDER
Heard Sri Rajashekhar Burji, learned counsel for the petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for the respondent/State.
2. The petitioner herein is the accused No.1 in Crime No.84/2024 wherein the respondent/police have registered a case against the petitioner for the offences u/sec.341, 342, 324, 306 R/W 34 of IPC.
3. Brief facts of the case are as under:
It is the case of the prosecution that Smt.Laxmibai lodged a complaint stating that her daughter was talking with Manjunath and she went missing from 28.04.2024. Therefore, a complaint was lodged by the husband of the complainant before the Lokapur Police Station. On 30.04.2024, her daughter came back to the police station and the victim was taken to the house of the complainant from the police station.
It is further submitted that having anticipated that there may be chances of going along with said Manjunath -3- NC: 2024:KHC-D:9364 CRL.P No. 101841 of 2024 again, the victim was sent to Koligudda, which is the parents' house of complainant.
On 02.05.2024 around 9.30 a.m. when the complainant was taking treatment at Kote Hospital, Vijayapura, received an information that her daughter had committed suicide in her parents' house. She reached along with her relatives to her parents' house around 3.00 p.m. However, the dead body of her daughter was not there in the house and she was told that it was in the Harugeri Government Hospital.
The complainant went to the hospital and saw the dead body of her daughter and noticed certain injuries on her body and suspecting that she was beaten to death, lodged a complaint against her father and son. The jurisdictional police have registered a case in Crime No.84/2024 for the offences stated supra.
During investigation, the information was gathered by the jurisdictional police and it reveals that, the father and son of the complainant had assaulted the deceased before she committing suicide and threatened her that she would -4- NC: 2024:KHC-D:9364 CRL.P No. 101841 of 2024 not be spared, if she demands to go with Manjunath. Being afraid of the threatening, the victim committed suicide. The investigation is still under progress.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has been falsely implicated in this case. In fact, the petitioner being a brother of the deceased instructed her to forget the said Manjunath and also assured her that he would perform the marriage by searching the good alliance.
5. It is further submitted that the mother of the petitioner lodged a complaint by misunderstanding of the fact. The petitioner is the earning member of the family and working as agriculturist and permanent resident of Aralikatti village and he will abide the conditions imposed by this Court in the event of his release on bail. Making such submissions, the learned counsel for the petitioner prays to allow the petition.
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NC: 2024:KHC-D:9364 CRL.P No. 101841 of 2024
6. Per contra, the learned High Court Government Pleader vehemently opposed the bail petition and submitted that the petitioner being a brother, he assaulted black and blue and there are some injuries noticed on the body of the deceased and lodged a complaint by the mother of the deceased against her own son. The act of the petitioner is considered as honour killing and such killings are required to be regulated and therefore, it is not appropriate to grant him bail and his bail application may be rejected. Making such submissions, the learned High Court Government Pleader prays to dismiss the petition.
7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that the victim said to have eloped with Manjunath who was her lover and both Manjunath and the victim have been secured by the police.
8. The victim was sent to her grand parents' house to make her to change her mind. However, she was persisting her grand parents that she would marry the said Manjunath, being enraged her persisting nature, it is stated -6- NC: 2024:KHC-D:9364 CRL.P No. 101841 of 2024 that the accused No.1 and 2 had assaulted the victim and warned her that she should change her mind. Being frightened about the said warning, she committed suicide. The proximity of the death and the said warning has been established by the records. Therefore, it is not appropriate to grant him bail. Hence, I proceed to pass the following:
ORDER The petition is rejected.
Sd/-
JUDGE CLK CT:ANB List No.: 1 Sl No.: 14