Shri Paramanand S/O Giremallappa … vs The State Of Karnataka on 28 August, 2008

1
IN THE HIGH COURT OF KARNATAKA

 

CIRCUIT BENCH AT DI-IARWAD

DATED THIS THE 23th DAY OF AUGUT»9,'.!5'i.'fi»3Vf':):§iiéii; T 

BEFORE

THE HON'BLE MR.JU3T1CE     

CRIMINAL PETITION iui"«It):.:"7_'224/gi3$€J?8 = i  

Between

Shri. Paramanand  

Giremallappa    M  

Aged 24 years, Ooc: Coolie," 

(By SI'i.  

And:

  Police Station,

Repmsenttdc 
The State Publitr Prosecutor,

i of  High com
 ' Circuit  Dharwad.

T   '(ca/ks:-:.TT&P.i1. Gotkhindi, HCGP.,)

: Petitioner

: Respondent

T     This Criminal petition is filed under Section 439 Cr.P.C.,
  i T   the Advocate for petitioner praying to cnlaxge the petitioner
 "on bail in crime No.76/2008 of Mudalagi Police station

r'U2i..u.L.,.\,



registered for otfences punishable under  148,
323, 504, 506, 448, 306 r/w. 149 IPC.      

This petition coming on for orders  

the following: _  I

A case in Crime   0%.07.200s in
Mudalagi Police statiozligas  and five
others for ofiences  143, 147, 148,
323, 504, 506,    t.he complaint of one
shanthawwa   the Wife of deceased

2. The  has alleged that petitioner herein

\' (A-5) vleirelated to"i*:e1i._h.usband being his oousin brother, there

AV'agas;a»djspute«hfifl1 regard to O3 guntas of landed property and

 V  quarrel between A-1 Shreesailappa

 and 4' that the petitioner herein was a supporter of

A 'oh 06.07.2008, pedtioaer (A-5) along with other aeeused

 went to the house of complainant, they abused her

 l   lhhshahd Mallappa in foul and filthy language, assaulted him

 

Aheeak



and went; away; after some time, again during ___they went
to the house of Mallappa, abused him, took  of

A-1, however, Maflappa escaped from the  b 

persons and on the way back to 11is;'houss_, he  

he was shifted to the hospital  2 -.,T('i'!.}uI'}'I'3g.A

treatment he breathed his last c:1b"o7.o7.2oos at  
3. The allegations in the  assault on

Mailappa with regard toahth-._c'    occurred in the
house     but howevcr, what

  boost: of js not known to tho complainant and

she is not an cjreysitncssbin 'the incident, but however, she claims that

xhsr   h  coming to the house informed her that

  T.   in the house of A-1 and as such, tho

  coni'piam?_""hA  that her husband Mallappa after becoming

   jbecause of thc event that had taken piace prior to he

   poison, he decided to end his life and consumed poison.

  to be a person of weak mentality, he is aged about 80

  and he is married man, what made himtotakcsuch

a drastic decision to end his life Will have to be determined at the

 

(Qb«u_u..\.Lk



 

time of regular trial' . Mere beating,  

 

threats by itself would not constitute' ofii'enee'V:v  306'  

defined U/S. 107 of IPC. The Hddfbiak isuprdme, 

case of Sanju alias Sanjay    of P.
reported in (2002) 5 Sup1jeme..dCetiit2t?gses:--3'i'i  held that
even if the Iiusband was   a fit of anger or in
a rage never  to  of the offence the
accused earmet    of ' offence punishable U/ S.
306 as   Added to this, A-2, A-4
& 6 with igientioei have already been ganted bail

by the    istich, in the facts and circumstances

  applying the principle laid down by the Apex

'_e;i;'pf*essiI1g any opinion on merits of the case, I

v"e;--Fi'11old  petitioner is emifled for gent of baii. However, it is

i H  clear' the observations made above are restricted for

   of the present bail petition only. The tr1a' 1 Court

i not be influenced' by any of the obsexvations made above at

itlie time of the trial of the case. Hence, the following:

flcliuwleg

 



 

ORDER

Petition is allowed.

released on bail on the following cofidifiéiné: —

(3.) Petitioner shall Aéi sum’ of
Rs.50,000/– *v.t,_ho1isanfi_I ofily) with one

surety in a Hjfiesggzix satisfaction of the I

court below, ‘

(b) petxtiov V’: tamper with the prosecution
c§éi$ or \iiitrie.5-N .: .’L’for prosecution and he shall assist
_; ” in inv¢stagat:on and trial of the case.

* shall attend the trial court regukldy.

Sd/-.