IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 29*" DAY OF OCTOBER,«~~t?;4Q§'1::S§_t:4'ii
BEFORE
THE HON'8LE MR. JUSTICE A.I\v°v'.; i}'Ei\I'u:;c.9A-:;A _
CRIMINAL PETITIdN.. NDoAC.795';,{ f2t0o§»t '*--g "
BETWEEN:
Vithai,
S/0 Ramu Pafkar . D
Age: 26 years, . if
Occ: Mason R .
R/o Sambra'f.."v H D « A V
Dist: Be|g;¥mm."----.f""--.._ A PETITIONER
(By S31' E e 'angD_Li def, Adv)
AND: C V' C
The State Of Ka rnateA+;:e"'~*
By DP;/lafihaf P.S.-...
Byi__i"ts State Pubi'éC"'Pr'Dsecutor
V Dnarwac; RESPONDENT
.(B5y_Sr'E':4:l'=f~..,t§.f§DtkhindE, HCGP)
~Tms cm: is féied under Section 439 of Cr.P.C.
V. pr.a__ying"' to direct the Marihai Pofice Statéon to enfarge the
petitioner on baii in SC No.26?'/2008 En Crime
__ "N0'.1'22/2008 on the fife of the III Addi. Sessions Judge,
Eéeigaum.
This Crl.P is coming on for Orders this day, the Court
made the following:
ORDER
Petitioner has been chargesheeted aio_ngwith’,j’,ot’tie.rs,
for the offences punishable unde_rM,S,ectio_n”’49i-3(vA’);: 3-Q4(c_iEus)”
and 306 read with Section 3-ii’-.,of;’_”IPC::a|’so,i”‘uli*cier
Sections 3,4 and 6 of the Dowiity. Prohibition’.§ict.;..I…_,., it t
2. A case was registel:red__ag_ainst tihejigpeiiitioner on
the basis of the corn-n’iai.n’ét,.’e.fA;l.one’:..S’atish Kinayekar of
Karate Vi|lage_._=where’i’ri”it’, waS.._aIlVeg.ed” that, his sister
Savithad”Vlvwa.§Vf.v_Vgiiren marriage to the petitioner on
18.05v.x2«Q'()’7 of marriage certain gifts were
given, though d.ema”nd«”‘f.rom the petitioner side could not
‘bee-diet’. “i-ijiowe\}’e’r’,”even after the marriage, there was
“d.ernanidgdfovrVA»,.ba.yment for cash, jewelry etc., which could
no_t_V view of which, ill-treatment and harassment
Acauseclgto Savitha, by the petitioner and others. Savitha
was}’driven to the extreme step and she committed suicide
hanging herself. According to the coqiaint, cause for
death of Savitha is, the physical and mental harassment
caused by the petitioner and others. The crirrujedhaiving
been registered, FIR was sent to the Court.
other accused persons were arr_este_d a_ndwVw’ejre.’se_’nt to 2′
judicial custody. Petitioner is jullclicial’
Chargesheet has been filed ‘an’o’._the case wasv.Vco§rn’n*.witted too’
the Sessions Court for__tria|.
3. Petitioner pyeltition, which on
consideration;wa.s:yI’*rejectegdi’ a second bail
petition in Sessions Case
of the petitioner and
that of:zthVe»i*n view of the prima facie case
appearing i4’a~ga’lnst.’– thveipetitioner, the learned Sessions
an order””d’ated 22.12.2008 has dismissed the
Hence, the petitioner has approached
this__:Court’tdelhlarge him on bail.
*2 I have heard the learned Counsel appearing for
tlnpeipetitioner and learned High Court Government Pleader
lv
for the respondent. I have perused the chargesheet
materials.
5. The point for consideration is:
“Whether the petitioner is ent:tie¢:i<<fa_
to be released on bail?''
6. Marriage of the petiti’o’ne.ry and
Savitha was soiernnised on
Savitha died on :5.os.2oo8~a.§uu5ytiycorfimitt:no-i_;su~sétc’ide.’ The”?
death of Savitha at,.-the _m’aer”i.m’o*niai house./Eis not in
dispute. The prosecutione_’ca’Se.ii”§Vf’ would attract the
punishmerit ofivse-v:en,_’y’ea’r’s imprisonment and fine.
7. iThe”‘S_e’ssion””_Court has observed that the since
pencianicy of Sessions, cases before it are very iess, there is
i no_iii<eA|i'Ahoo:d~–.of deiay in disposing of this case. Moreover,
dispose of custody cases on priority.
ThEérefore’;”.there wiii not be any delay in hoiding of the
8. Indisputably, the trial has commenced and few
prosecution witnesses have been examined. –iHow~ey–ear,
learned Counsel for the petitioner submits
wherein the case is pending has no .publi.-clpro’s«ecutorj_and it
hence, the trial of the case may not
prosecution has cited 33 w’itn’esses to ,p.<oye.,_its;'casej ands
the prosecution case is v__…cife»pe'ndEnt', ,,,,9r1l.yf on the
circumstantial evidence".–.V:é'AnothVerivciircurrjstance pleaded by
the learned Counsel ivchargesheet has
already been tampering of the
proseCutiQn_A""w:i:'tn:e§_s_" need not suffer
impriso.nm_e*nt, found to be guilty.
do~notAf’ind’:merit in the contentions of the
-‘V,4.lear§ned:,.,-Counsel.H”P’r’i’rna facie, the allegations against the
,’,pe%j,tiio.ni¢«:,j¢i »recg:u”i.res full-fledged trial. According to the
petitioner,’:a:i,,2’ithe witnesses cited by the prosecution are
‘»circum’sta”ntial witnesses and the prosecution case is based
_»ci’,’r;cumstantia| evidence. In the case of the present
nature, the prosecution can establish its case even on the
E
/.
I
basis of circumstantial evidence. If the trial has
commenced and if there is delay, the Trial Court shall take
necessary steps to see that the case is taken u;jT”a.t an
early date, by scheduling its work so
concluded. Mere filing of the chargesheé_t’~~.Vyisifinot
ground to admit the accused baiyl,i;u’n.ies’$
prima facie case against hirn’..y__. ‘ i i i V A i
10. Considering the and ciircutrnstainices of the
case, no case is made._.’cu_t petitfliioner on bail.
Hence, the Criminal Peititioin sltaridsihlfejéctéd.
7yd.Hoe,n!ever,fthel 4rlia:l.””Cou’rt is directed to expedite the
trial anduconcyluide ‘th:e” at an early date.
is neediesswto point out that, the Triai Court s-hall
‘ note C0_i’iSti’Liié’the findings and observation made herein or
“i.n”ii:’s order refusing to enlarge the petitioner on bail, as an
exoress.ion of opinion on merits of the case. The Trial
2 iCourt shall consider the case before it, on the basis of the
Aigmaiterial that may be placed on record either by the
‘a
prosecution or defence and shall decide the same both on
facts and in law on their own merit.