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2017 DIGILAW 453 (KAR)

Ravikumar s/o Shivalingappa Melinamani v. State of Karnataka

2017-02-09

K.N.PHANEENDRA

body2017
ORDER : Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the records. The petitioner is charge-sheeted for the offence punishable u/S 306 of IPC. 2. It is the case of the prosecution that a lady by name Mala wife of Timmappa Dasar resident of Girinichal in Hubballi, lodged a FIR stating that, her daughter Sheetal, studied upto B.Ed. The petitioner since three years fell in love with her daughter Sheetal. About six months ago this fact came to the knowledge of the complainant. The petitioner often used to tell the complainant and her husband that he would like to marry their daughter Sheetal and he would take all care of her and treat her with all the love and affection. It appears, in this regard there is some relationship developed between each other. This led to telephonic conversation between the deceased Sheetal and the Ravikumar. It is alleged that he was preventing Sheetal from going anywhere, talking with anybody, etc. In view of this attitude, Sheetal was reluctant to marry the petitioner and the complainant and her husband told her that they would not perform her marriage with the petitioner and they will search for some other boy. Inspite of that, this petitioner continued his ill-treatment to the said girl over phone. In this background it is alleged that on 18.11.2016 also the petitioner called her over phone and thereafter the said girl went inside the house weeping and committed suicide by hanging herself inside the room. On these allegations the Police have investigated the matter and submitted the charge sheet. 3. Looking to the above said factual aspects, it clearly reveals that, since three years it is known to everybody that petitioner and the deceased were loving each other but subsequently there arose some dispute between them, perhaps because of the over possessiveness of the petitioner with Sheetal. The Court has to examine during the full-fledged trial, whether the petitioner wanted to keep her under control or really wanted to drive her to commit suicide by his attitude or whether such acts of the petitioner are sufficient to drive the deceased to commit suicide. 4. Under the above said facts and circumstances, as the petitioner has been in judicial custody since 19.11.2016 and charge-sheet has already been filed, with stringent conditions the petitioner is entitled to be enlarged on bail. 4. Under the above said facts and circumstances, as the petitioner has been in judicial custody since 19.11.2016 and charge-sheet has already been filed, with stringent conditions the petitioner is entitled to be enlarged on bail. Hence, the following order is passed. ORDER Petition is allowed. Petitioner shall be released on bail in connection with C.C. No. 68/2017 on the file of Principal Civil Judge & JMFC, Hubballi, for the offences punishable under Section 306 of IPC, subject to the following conditions. 1. The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with one solvent surety for the likesum to the satisfaction of the jurisdictional Magistrate or the trial Court. 2. The petitioner shall not indulge in tampering with the prosecution witnesses. 3. The petitioner shall appear before the Court on all the hearing dates unless exempted by the Court for genuine reasons. 4. The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.