IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 14^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.201666/2021

BETWEEN:

MALLIKARJUN

S/O LATE PARANAND KAWALAGI

AGE: 25 YEARS

OCC: COOLIE WORK

R/O FARHATABAD

TQ & DIST: KALABURAGI - 585 109

...PETITIONER

(BY SRI BASAVALING NASI, ADVOCATE)

AND:

THE STATE THROUGH WOEMN P.S

KALABURAGI, REP. THROUGH

ADDL. SPP, HIGH COURT OF KARNATAKA

AT KALABURAGI BENCH - 585 102

...RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCPG)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING THIS COURT TO ENLARGE THE

PETITIONER/ACCUSED NO.1 REGULAR BAIL IN CRIME

NO.27/2020 OF KALABURAGI CITY WOMEN POLICE STATION

FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A,

323, 504, 506, 306 READ WITH SECTION 34 OF IPC

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PENDING ON THE FILE OF I ADDL. JMFC AT KALABURAGI

AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 439 of Cr.P.C., by

petitioner/accused No.1 seeking regular bail in Crime

No.27/2020 of Kalaburagi City Women Police Station, for

the offence punishable under Sections 498A, 323, 504,

506, 306 read with Section 34 of IPC.

2.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

3.

The factual matrix of the case is that this

petitioner and the deceased were fell in love and arrange

marriage was performed on 14.02.2020 by giving 2 thola

of gold and other household articles. Upto 10 to 15 days,

they were in cordial and afterwards, the husband of the

deceased started subjecting her for assault and causing life

threat to her and her mother-in-law also abused her in a

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filthy language. In this regard, the complainant and her

husband advised them. That on 24.05.2020, the son of

the owner of the house came and informed that their

daughter set fire herself by pouring kerosene and the

same was extinguished by her brother-in-law and himself

and immediately they went to the spot and saw that their

daughter was lying on the deck and she did not reveal

anything and when they enquired her husband, mother-in-

law, brother-in-law, they also did not told anything about

the incident. Then the injured was shifted to the hospital

by her husband and ultimately, she succumbed to the

injuries. The complaint was given on the date of incident

and after registration of the case, she passed away. The

police after investigating the matter, filed the charge sheet

for the aforesaid offences.

4.

The

learned

counsel

appearing

for

the

petitioner would vehemently contend that earlier, this

petitioner has approached this Court by filing the petition

for anticipatory bail and the same was dismissed for non-

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prosecution. The petitioner was arrested and now he is in

custody from 26.09.2021. He further submits that only

general allegations are made in the complaint and there is

no specific allegation against him and this petitioner

himself shifted the victim to the hospital but she

succumbed to the burned injuries. The counsel would

submit that in order to invoke Section 306 of IPC, there

are no any ingredients of abetment of suicide. Hence,

prayed to enlarge him on bail.

5.

Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit

that within a span of 3½ months of marriage, the

deceased was subjected for both physical and mental

harassment and hence, she took the extreme step of

committing suicide and it is not a case for exercising the

discretion.

6.

Having heard the respective counsel and also

on perusal of records it discloses that in the early morning

at about 3.00 a.m., the deceased set fire on herself on

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account of harassment by her husband and her mother-in-

law. The learned counsel for the petitioner also brought to

the notice of this