GEETABAI & ANR vs THE STATE OF KARNATAKA

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.

Since these two petitions arise out of the same crime number of same police station, they are disposed of by this common order.

The criminal petition Nos. 100282/22018 and 100298/2018 are filed under Sections 438 and 439 of Cr.P.C. respectively seeking to enlarge

the petitioners on bail in Cr.No.7/2018 of Gokak Town Police Station registered for the offences punishable under Sections 498A, 306 R/w. 34

of IPC.

The brief facts of the case are as under:

One Sri. Suryakant Narayansa Habib of Dharwad has filed the complaint against the petitioner /accused no.1 alleging that, he is the

residing in a rented premises at KHB Colony, Dharwad and is running photo studio along with Vijay and Kiran. The said photo

studio is situated in Trinity Building, Kalaghatagi road and he is having children by name Neeta, Vijay, Vidya was given in marriage to

Sachin Ganapatas Shiralkar of Gokak about four and half years back and she is having daughter by name Anushri and son Adish

aged 3 years and 14 months respectively. After the marriage her husband Sachin Ganapatas Shiralkar, mother in law Geetabai

Ganapatas Shiralkar and brother in law Pandu Ganapatas Shiralkar have looked after her properly for 4 months and thereafter, they

started to give harassment both mentally and physically stating that she cannot cook well and go to her parental house, the said fact

was informed to him by his daughter on phone and whenever she used to visit their house he advised her to lead marital life by

adjusting and in future good days will come.

It is also alleged in the complaint that, her husband, mother in law and the broth er in law used to harass her daughter by insisting her

to bring money from parental house and said fact was revealed to him on phone. It is further alleged that, the mother in law and

brother in law were abusing and assaulting his daughter and he paid Rs.2 lakhs and thereafter rupees one lakh, but they did not stop

their harassment and hence on 09.01.2018 he sent his wife Ambubai to Gokak to take back his daughter and his wife returned to the

house at 9.00 p.m. and told that, their son in law Sachin refused to send Vidya. Further, by making phone call his daughter informed

him stating that, after her mother going back, her husband, mother in law and brother in law have given harassment and in the night at

about 10.30 p.m. their son in law informed him stating that he is taking the daughter to the hospital. Kit is further alleged that at about

11.00 p.m. his son in law informed him stating that, your daughter is dead.

It is further alleged that, his wife, sons and son in law went to matrimonial house of her daughter at Gokak and in the house and dead

body of their daughter was lying and the ceiling fan was bend and in view of the harassment given by the husband, mother in law and

brother in law his daughter committed suicide hanged to the ceiling fan and died. Thus, the complaint came to be registered for the

above said offences against the petitioners.

Learned counsel for the petitioners submits that, the bail applications filed in Crl.Misc.Nos.193/2018 and 194/2018 are rejected by V Addl.

District and Sessions Judge, Belagavi. In the preamble portion of Crl. Misc. No.193/2018, it is wrongly shown as petition is field by the petitioner

under Section 438 of Cr.P.C. instead of 439 of Cr.P.C.

The learned counsel for the petitioners further submits that, the petitioners are innocent and they are falsely involved and arrested on false

accusations and further submits that, the allegations and the chain of events mentioned in the complaint does not have nay nexus to one another and

so they are made with an ulterior intention to connect the present petitioners to the alleged offences.

Per contra, learned HCGP opposes the petition filed by the petitioners.

In the context and circumstances of the case, no prejudice would be caused to the prosecution, if the petitioners are enlarged on bail. However,

apprehensions of the prosecution could be resolved by imposing conditions. Hence, the following:

ORDER IN CRIMINAL PETITION NO.100298/2018

Petition filed under Section 439 of Cr.P.C. is allowed. The petitioner is ordered to be enlarged on bail in Cr.No.07/2018 of Gokak

Town Police Station registered for the offences punishable under Sections 498A, 306 R/w. 34 of IPC on he executing a personal

bond for a sum of Rs.2,00,000/- with one surety possessing immovable property for the like sum to the satisfaction of the

jurisdictional Court subject to the following:

CONDITIONS

The petitioner shall not terrorise and tamper the prosecution witnesses directly or indirectly.

The petitioner shall not meet the complainant or his family members and shall not pose threat either directly or

indirectly.

The petitioner shall mark his attendance before the Investigating Officer on every Saturday between 9.00 PM and

10.00 PM until further.

The petitioner shall not leave the jurisdiction of Karnataka State without the permission of the District Court.

ORDER IN CRIMINAL PETITION NO.100282/2018

The petition filed under Section 438 of Cr.P.C. is allowed.

In the event of their arrest in Cr.No.7/2018 by Gokak Police Station, they shall be released on bail on they executing personal bond

for a sum of Rs.2,00,000/- with one surety each possessing immovable property for the like sum to the satisfaction of the I.O. subject

to following:

CONDITIONS

The petitioners shall not tamper or terrorize the persecution witnesses in any manner.

The petitioners shall not leave the jurisdiction of Karnataka State without prior permission of the District Court.

The petitioners shall mark their attendance before the Investigating Officer on every Saturday between 9.00 PM and

10.00 PM until further.

The prosecution is given liberty to move for cancellation of bail in case of all or any of the conditions are violated