Mohammed Rafiq vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.93/2021 of Vidyaranyapura Police Station,

Bengaluru, for the offence punishable under Sections 498A, 306, 504 read with 149 of IPC.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that the victim fell in love with the petitioner and she went along with the petitioner and both of

them married and thereafter they were staying in the matrimonial home. The allegation in the complaint as well as the charge-sheet is that after four

months of marriage, she was subjected to both mental and physical cruelty and this petitioner along with family members abused in a filthy language.

The allegation in the charge-sheet is that other accused persons were scolding her that after she married accused No.1, she made the family members

away from him and at the instance of other family members, this petitioner subjected her for both mental and physical cruelty as well as he ad shaved

her head and repeatedly he was telling her to die. Hence, he abated the offence of committing suicide.

The learned counsel for the petitioner submits that this petitioner is in custody from last nine months and admittedly it is a love marriage. P.W.1 has

been examined in part and not deposed anything incriminating against the petitioner and this petitioner has not involved in any commission of offence

and already accused Nos.2 to 6 are enlarged on bail and no custodial trial is required.

Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that after four months of marriage, the

petitioner as well as the other family members subjected the deceased for both physical and mental cruelty and at the instance of accused Nos.2 to 6,

this petitioner subjected her for cruelty. The learned counsel submits that four times panchayat was held and inspite of the panchayat, he continued the

harassment and he did not heed to the advice. 20 days prior to the date of the incident, the elder sister of the petitioner took her to the matrimonial

home and due to the cruelty, she took the extreme step of committing suicide.

Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and also

taking note of the material on record, the marriage was taken place two years ago. The allegation is that after four months of the marriage, the

deceased was subjected to both mental and physical cruelty. The material also discloses that the victim was residing along with the husband

separately. The case of the prosecution is that inspite of several panchayats were held, the petitioner did not heed to the advice. Having taken note of

the material on record, whether he abated the offence of committing suicide or not is a matter of trial and no doubt serious allegation is made that he

shaved her head, but no any prior incident to commit suicide and no material is found to show that there was a proximity to cause of death and

subjecting her for cruelty. When such being the factual aspects of the case, unless the same is tested in trial, it is appropriate to exercise the discretion

in favour of the petitioner.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.93/2021 of Vidyaranyapura Police Station,

Bengaluru, for the offence punishable under Sections 498A, 306, 504 read with 149 of IPC, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed

of.