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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 15^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL PETITION No.200459/2021

BETWEEN:

Balappa S/o Sugnani Boda

Age: 26 years, Occ: Agriculture

R/o Peddemul Village

Peddemula Mandala

Dist. Vikarabad, State: Telangana

… Petitioner

(By Sri Ravi K. Anoor, Advocate

for Sri Avinash A. Uplaonkar, Advocate)

AND:

The State through

Sulepeth police station

Dist. Kalaburagi,

Now represented

By Addl. SPP, High Court of Karnataka

Kalaburagi Bench

… Respondent

(By Sri Sharanabasappa M. Patil, HCGP)

This Criminal Petition is filed under Section 439 of

Cr.P.C. praying to release the accused-petitioner on bail in

C.C.No.01/2021 (Crime No.69/2020 of Sulepeth police

station, Dist.Kalaburagi), for the offences punishable under

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sections 498A, 306 of IPC, pending on the file of Prl. Civil

Judge & JMFC Court, Chincholi.

This petition coming on for Orders this day, the Court

made the following:

O R D E R

Heard Sri Ravi Anoor, learned counsel on behalf of

Sri

Avinash

Upalaonkar,

for

petitioner

and

Sri Sharanabasappa M. Patil, learned High Court

Government Pleader for the respondent-State.

2.

The petition is under Section 439 of Cr.P.C.

seeking grant of bail by the petitioner.

3.

Brief facts, which are necessary for disposal

of petition are as under:

Upon a complaint lodged by Hanamanth S/o

Bheemappa Yankan, a case came to be registered in

Crime No.69/2020 for the offences punishable under

Sections 498A and 306 of IPC by the Sulepeth police,

Chincholi taluk, Kalaburagi district. The allegations

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found in the complaint are that the deceased-Lakshmi

is the younger sister of the complainant who was

married to the accused-petitioner. After the marriage

they lived one year happily and thereafter on account of

the non giving birth to a child, accused-petitioner

started suspecting fidelity of the deceased-Lakshmi and

also made allegations that she does not know how to

attend the house hold work and not able to cook the

food properly and ill-treated her.

4.

Ultimately, being unable to bare the ill-

treatment, deceased-Lakshmi returned to her parents

house. On 22.09.2020 at about 10:00 a.m., accused

visited the deceased in her parents house and had a

quarrel. On 30.09.2020 at about 6:00 p.m., when the

complainant

returned

home

after

finishing

the

agricultural operations, he found deceased-Lakshmi

was weeping and on enquiry she revealed that being

unable to bare the ill-treatment, which resulted in

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depression, she has consumed pesticide. She was

admitted to Government Hospital, Tandur, at about

11:30 p.m. Lakshmi died. After registration of the case,

police investigated the matter and filed charge sheet

against the accused for the offences punishable under

Sections 498A and 306 of IPC. During the course of

investigation, accused-petitioner is also arrested and

remanded to the judicial custody. He has approached

the District Court, Kalaburagi, sitting at Sedam, for

grant of bail. Learned Sessions Judge dismissed the bail

application.

5.

Learned counsel for the petitioner submits

that after charge sheet came to be filed, apprehension

made by the prosecution that the accused may flee

away from the justice and would interfere with the

investigation is not available. Therefore, bail is to be

granted.

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6.

Learned High Court Government Pleader

submits that mere filing of the charge sheet would not

ipso facto entitled to accused-petitioner to get an order

of bail.

7.

Having heard the arguments and perused

the records, it is seen that the investigation is completed

and charge sheet is filed. Whether at all it is the act of

the accused which is resulted in driving the victim to

commit suicide by consuming poison or not cannot be

decided by this Court at this stage by holding a mini

trial.

8.

Suffice to say that accused being in judicial

custody on and