MR. VIJAYA KUMAR K. J. S/O GOPINATH v. STATE BY TOWN & P. S. VIRAJPET, REPRESENTED BY SPP HIGH COURT OF KARNATAKA
2017-02-09
P.S.DINESH KUMAR
body2017
DigiLaw.ai
ORDER : 1. Petitioner is alleged of offence punishable under Section 306 of IPC in Crime No. 135/2016 registered by the Virajpet Town police station. 2. Heard Sri. Manu Kulkarni, learned counsel for the petitioner and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State. 3. Adverting to the complaint, learned counsel for the petitioner submits that though the complaint indicates that there existed certain differences between the petitioner and his deceased wife, it also clearly reveals that the interserelation between the petitioner and his wife were cordial for the last 1½ years prior to the date of the incident. The complaint further discloses that there was a quarrel with regard to washing of clothes and the petitioner is alleged to have told his wife to end her life, which has apparently led to her committing suicide by hanging. Learned counsel argues that the facts narrated in the complaint are not so serious that the deceased may have committed suicide at the instance of petitioner. He further submits that charge sheet has been filed by the police and the petitioner undertakes to abide by the conditions of this Court. Accordingly, he prays for allowing this petition and to enlarge the petitioner on bail. 4. Learned HCGP, opposes the petition on the ground that the ill treatment by the petitioner has resulted in the death of his wife. 5. I have carefully considered the submissions of the learned counsel for the petitioner and the learned HCGP for the State; and perused the records. 6. The complaint reveals that the interserelation between the husband and wife was cordial in the recent past. The petitioner is said to have told the deceased to end her life during the verbal altercation on the morning of a fateful day. No other allegations of cruelty are found in the complaint. 7. In the circumstances, without expressing any opinion on merits, in my view the petitioner deserves to be enlarged on bail. Accordingly, it is directed that the petitioner shall be enlarged on bail in Cr. No. 135/2016 of Virajpet Town Police Station subject to the following conditions:- (i) Petitioner shall execute a self bond for a sum of Rs.50,000/- each with two local sureties for the like-sum to the satisfaction of the concerned jurisdictional Court.
Accordingly, it is directed that the petitioner shall be enlarged on bail in Cr. No. 135/2016 of Virajpet Town Police Station subject to the following conditions:- (i) Petitioner shall execute a self bond for a sum of Rs.50,000/- each with two local sureties for the like-sum to the satisfaction of the concerned jurisdictional Court. (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon; (iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (iv) Petitioner shall not involve himself in any criminal activities; (v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.