Rangayya vs The State Of Karnataka on 3 September, 2018

[Cites 8, Cited by 1]

Karnataka High Court

Rangayya vs The State Of Karnataka on 3 September, 2018

Bench: Mohammad Nawaz

                           1




         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

    DATED THIS THE 03RD DAY OF SEPTEMBER 2018

                     BEFORE

    THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

       CRIMINAL PETITION No.200728/2018
BETWEEN:

RANGAYYA S/O MADEPPA
AGE: 25 YEARS OCC: COOLIE NAYAK
R/O: B.GANEKAL VILLAGE
TQ: DEVADURGA
DIST: RAICHUR-586101.
                                   ... PETITIONER


(BY SRI.SHIVANAND.V.PATTANASHETTI, ADVOCATE)


AND:


THE STATE OF KARNATAKA
REPRESENTED BY
ADDITIONAL SPP KALABURAGI
BENCH-585106.
(THROUGH JALHALLI POLICE STATION
DIST: RAICHUR)

                                   ... RESPONDENT
(BY SRI.P.S.PATIL, HCGP)
                                 2




     THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CRIMINAL PROCEDURE CODE PRAYING TO GRANT
THE REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1
IN C.C.NO.1/2018 (JALHALLI POLICE STATION CRIME
NO.225/2017) FOR THE OFFENCES PUNISHABLE UNDER
SECTION 498(A) AND 306 READ WITH SECTION 34 OF
INDIAN PENAL CODE, PENDING ON THE FILE JMFC COURT,
DEODURGA, DIST: RAICHUR.


       THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:


                           ORDER

The petitioner is accused No.1 in C.C.No.1/2018 arising out of Crime No.225/2017 of Jalhalli Police Station. Initially, the case was registered for the offences punishable under Sections 498(A) and 302 read with Section 34 of Indian Penal Code against three accused persons on the complaint given by one Earamma the mother of the victim. Subsequently, after investigation the charge sheet has been filed against accused Nos.1 to 3 for the offences punishable under Sections 498(A) and 306 read with Section 34 of Indian Penal Code. 3

2. The charge sheet material would disclose that, the victim viz., Manashamma was given in marriage to petitioner herein, about 04 years prior to the date of incident. The petitioner was addicted to alcohol and he had given physical and mental harassment to the victim. Being unable to tolerate the physical and mental harassment, she committed suicide by hanging in the early hours on 19.11.2017.

3. The learned counsel for the petitioner would contend that, the petitioner on hearing some noise in the house, immediately went and saw the victim in a hanging position and in order to save her, immediately he brought the body down, but she died in the process. He would further submit that, the allegations are false and petitioner is ready to abide by any conditions, which this Court deems fit to impose.

4. On the other hand the learned High Court Government Pleader appearing for the respondent, vehemently contended that, it is on account of physical and mental harassment given by the petitioner, the victim had committed suicide. He sought for dismissal of the petition.

5. The fact remains that, initially the case was registered for the offences punishable under Sections 498(A) and 302 read with Section 34 of Indian Penal Code on the complaint lodged by the mother of the victim girl. Subsequently, after investigation the charge sheet has been filed for the offences punishable under Sections 498(A) and 306 read with Section 34 of Indian Penal Code. I have gone through the charge sheet material. Accused Nos.2 and 3 are already enlarged on bail. Accused No.1 is in judicial custody since 19.11.2017. Without opining with regard to the merits of the case, I am of the view that, it is a fit case to release the petitioner on bail by imposing stringent conditions. Hence, I proceed to pass the following;

ORDER The petition is allowed.

The petitioner shall be released on bail in respect of C.C.No.1/2018, for the offences punishable under Sections 498-A and 306 read with Section 34 of Indian Penal Code (Crime.No.225/2017 of Jalhalli Police Station), pending on the file of JMFC Court, Devadurga, on the following conditions;

i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the committal/trial Court. ii. The petitioner shall mark his attendance before the jurisdictional police station on 1st and 15th day of every month between 10.30 a.m. and 02.30 p.m. 6 iii. The petitioner shall not tamper any of the prosecution witnesses either directly or indirectly.

iv. The petitioner shall be regular in attending the Court proceedings.



      v.     The petitioner shall furnish his address to the

             concerned      police     station    and         the

committal/trial Court, if there is any change of address.

If any of the bail conditions are violated, the state is at liberty to move an application for cancellation of bail.

Sd/-

JUDGE KJJ

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