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2017 DIGILAW 1189 (KAR)

Anand S/o Narasappa Mallappol v. State of Karnataka

2017-09-01

N.K.SUDHINDRARAO

body2017
ORDER : 1. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent Police. 2. The petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Cr.No.128/2017 of Gurumitkal Police Station registered for the offences punishable under Sections 498(A) and 306 R/W Section 34 of IPC. 3. The incident relates to death of married lady whose marriage was said to have been performed nine years back and through the wedlock she got two children. Male child Narasappa aged 7 years, female child Geeta aged 2 years. Marital life was cordial for some years. Later, cracks developed. The married life has not been bed of roses and she started suffering frustration due to torture and cruelty posed by her husband, parents-in-law and brothers-in-law. The pinpricks were inflicted on her for every trivial matters and her husband, brothers-in-law and mother-in-law joined together to harass and torture her. 4. Anita used to express her grievance before her parents whenever she came to her parental house. As such, on 1.6.2017 father of Anita came to know that for a trivial matter her daughter was subjected to hurt and distressed by her husband, mother-in-law and brother-in-laws and the complainant and other family members went to the house of the accused and advised them to forbear from posing threat or torture on Anita. Then on 2.6.2017 the complainant got the information that her daughter was dead. Immediately he rushed to her house and saw her dead body and he asked Narasappa, his grandson aged 7 years as to the incident and he revealed that on the previous day her mother called children and poured kerosene on both of them and lit fire to the daughter Geeta and when she was in her attempt to lit fire on Narasappa, being frightened Narasappa came out and sat in a corner and Anita went inside the room and bolted the door from inside and dosed herself kerosene and set ablaze. 5. The learned counsel would submit that entire family members are hooked in the case. He would further submit that the complaint is exaggerated and submitted in agony and frustration over the death of Anita. 6. 5. The learned counsel would submit that entire family members are hooked in the case. He would further submit that the complaint is exaggerated and submitted in agony and frustration over the death of Anita. 6. Per contra, learned HCGP would submit that accused persons inflicted such an amount of torture to her and she used to express the grievance that she is unable to live because of the torture. At this stage out of the materials it is to be seen from the substance of the statement of the child that a married lady whose marital period is about nine years, takes step to commit suicide after killing her children by dosing kerosene. 7. The petitioner who is accused No.1 is in judicial custody from 02.06.2017 and the investigation is completed. Thus, there appears no threat or interference in investigation. 8. In the context and circumstances of the case, considering the relationship among the accused persons and accused Nos.2 to 4 being granted the relief of bail, no prejudice would be caused to the prosecution if the petitioner is enlarged on bail. However, apprehensions of the prosecution could be resolved by imposing conditions. Hence the; ORDER Petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Cr.No.128/2017 of Gurmitkal Police Station registered for the offences punishable under Sections 498(A) and 306 R/W Section 34 of IPC on he executing a personal bond for a sum of Rs.1,00,000/- with two sureties possessing immovable property for the like sum to the satisfaction of the jurisdictional Court subject to the following: Conditions 1. The petitioner shall not terrorise and tamper the prosecution witnesses directly or indirectly. 2. The petitioner shall not meet the complainant or his family members and shall not pose threat either directly or indirectly. 3. The petitioner shall mark his attendance before the Investigating Officer on every Saturday between 9.00 PM and 10.00 PM till the stage of hearing before charge is completed. 4. The petitioner shall not leave the jurisdiction of Yadgir district without the permission of the District Court till conclusion of trial of the case. The prosecution is given liberty to move for cancellation of bail in case of all or any of the conditions are violated.