Ravi S/O Kamalamma Ujjer vs The State Of Karnataka on 20 February, 2024

Karnataka High Court

Ravi S/O Kamalamma Ujjer vs The State Of Karnataka on 20 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                           NC: 2024:KHC-D:4061
                                                        CRL.P No. 100379 of 2024
                                                     C/w.CRL.P.No. 100380 OF 2024



                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                                 BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                              CRIMINAL PETITION NO. 100379 OF 2024 (438)

                                                  C/W

                              CRIMINAL PETITION NO. 100380 OF 2024 (438)



                      IN CRIMINAL PETITION NO. 100379/2024
                      BETWEEN:
                      RAVI S/O KAMALAMMA UJJER,
                      AGE: 25 YEARS, OCC: COOLIE
                      R/O AIRANI
                      TQ. RANEBENNUR, DIST. HAVERI
                                                                        ...PETITIONER
                      (BY SRI P.N. HOSAMANE, ADVOCATE)
                      AND:
                      THE STATE OF KARNATAKA
ANNAPURNA             BY RANEBENNUR RURAL POLICE STATION
CHINNAPPA             R/BY SPP HIGH COURT
DANDAGAL
                      OF KARNATAKA DHARWAD BENCH 580011
Digitally signed by
ANNAPURNA
                                                                     ...RESPONDENT
CHINNAPPA
DANDAGAL              (BY SMT. GIRIJA S. HIREMATH, HCGP)
Date: 2024.02.21
11:09:12 +0530



                             THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
                      SEEKING     TO    GRANT    ANTICIPATORY    BAIL     TO   THE
                      PETITIONERS/ACCUSED NO.1 RELEASING THEM ON BAIL IN THE
                      EVENT OF THEIR ARREST IN RANEBENNUR POLICE STATION CRIME
                      NO.07/2024 REGISTERED FOR THE OFFENCE P/U/SEC. 498A, 306,
                      R/W 34 OF IPC.
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                                      CRL.P No. 100379 of 2024
                                   C/w.CRL.P.No. 100380 OF 2024



IN CRIMINAL PETITION NO. 100380/2024
BETWEEN:
1.   DURGAMMA D/O KAMALAMMA UJJER,
     AGE: 58 YEARS, OCC. HOUSEHOLD WORK,
     R/O AIRANI, TQ. RANEBENNUR,
     DIST. HAVERI.

2.   PRAKASH S/O KAMALAMMA UJJER
     AGE: 27 YEARS, OCC: COOLIE
     R/O AIRANI, TQ. RANEBENNUR
     DIST. HAVERI.
                                                  ...PETITIONERS
(BY SRI. P.N.HOSAMANE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY RANEBENNUR RURAL POLICE STATION
R/BY SPP HIGH COURT
OF KARNATAKA DHARWAD BENCH-580011
                                                  ...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)


       THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C.
SEEKING     TO    GRANT     ANTICIPATORY       BAIL   TO    THE
PETITIONERS/ACCUSED NO.2 AND 3 RELEASING THEM ON BAIL IN
THE EVENT OF THEIR ARREST IN RANEBENNUR POLICE STATION
CRIME NO. 07/2024 REGISTERED FOR THE OFFENCE PUNISHABLE
U/SEC. 498A, 306, R/W 34 OF IPC.


       THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                       COMMON ORDER

Accused Nos.1 to 3 in Crime No.7/2024 registered by

Ranebennur Police Station, Haveri District for the offences

punishable under Sections 498A and 306 read with Section
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34 of IPC are before this Court under Section 438 of

Cr.P.C. in these two petitions.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.7/2024 was registered by

Ranebennur Police Station, Haveri district for the

aforementioned offences against petitioners herein on the

basis of complaint dated 09.01.2024 lodged by Kumarappa

S/o. Durgappa Madar, who is the father of victim

Smt.Rakshitha. Apprehending arrest in the said case, the

petitioners herein had filed Crl.Misc.Nos.25 and 26 of 2024

before the before the Court of II Additional District and

Sessions Judge, Haveri sitting at Ranebennur which were

dismissed on 24.01.2024. Therefore, they are before this

Court.

4. Learned counsel for the petitioners submits that

even if the complaint averments are presumed to be

proved, no offence is prima facie made out which is

punishable under Section 306 of IPC. Petitioners have

been falsely implicated in this case. There is a delay in
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lodging the complaint. Petitioners are ready and willing to

co-operate with the Police for investigation. Accordingly,

he prays to allow the petitions

5. Per contra, the learned High Court Government

Pleader opposed the petitions. She submits that material

on record would go to show that accused No.1 was ill-

treating the deceased regularly. Within a period of two

years from the date of marriage, she committed suicide,

accordingly she prays to dismiss the petitions.

6. From a perusal of the material available on record,

it is seen that the marriage of deceased-Rakshita was

performed with accused No.1 by the parents and relatives

of accused No.1 on 28.11.2022. After the marriage,

Smt.Rakshitha was residing in her matrimonial house with

her husband. In the complaint, it is averred that accused

No.1 doubted the chastity of Rakshitha and after

consuming alcohol he was abusing and assaulting her. It is

also alleged that accused Nos.2 and 3 were supporting

accused Nos.1 and were instigated him to abuse and
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assault his wife. Except this omnibus allegation, no

particulars of any ill-treatment meted out by the accused

persons on the deceased are mentioned in the complaint.

In the complaint, there is no mention of any incident that

had taken place immediately prior to deceased committing

suicide which would have either instigated or abetted the

deceased to commit suicide. Perusal of the complaint

would go to show that the same lacks necessary

ingredients which would prima facie attract the offence

punishable under Section 306 of IPC. Petitioners are

agricultural coolies and they do not have any criminal

antecedents. They have undertaken to co-operate with the

Police for investigation. Under the circumstances, I am of

the opinion that the prayer made by the petitioners for

grant of anticipatory bail is required to be answered in the

affirmative. Accordingly the following:

ORDER

Petitions are allowed.

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The petitioners/accused Nos.1 to 3 are directed to be

enlarged on bail in the event of their arrest in Crime

No.7/2024 registered by Ranebennur Police Station,

Haveri District for the offences punishable under Sections

498A and 306 read with Section 34 of IPC, subject to the

following conditions:

i. Petitioners/accused Nos.1 to 3 shall execute
a personal bond for a sum of Rs.1,00,000/-
each with 01 surety for the like-sum to the
satisfaction of the Investigating Officer.
ii. Petitioners/accused Nos.1 to 3 shall
regularly appear before the Trial Court
without fail unless exempted by the Trial
Court for valid reasons.

iii. Petitioners/accused Nos.1 to 3 shall not
tamper with the prosecution witnesses
either directly or indirectly.
iv. Petitioners/accused Nos.1 to 3 shall co-

operate with the Investigating Officer for
the purpose of investigation in the case.

Sd/-

JUDGE
CKK CT:GSM List No.: 1 Sl No.: 24