Allowed

Husenasab S/O Murtujsab Nadaf v. the State of Karnataka

Karnataka HC21 Sept 2023CRL.P/101390/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the bail petition of the petitioner, accused No.3, charged in a case involving the death of a married woman. The court observed that investigation was completed and custodial presence was no longer required, imposing stringent conditions to mitigate risks of witness tampering.

What did the court decide?

Petitioner/accused No.3 released on bail subject to personal bond of Rs.50,000/- with two sureties, address proof submission, and prohibition on witness tampering.

Husenasab S/O Murtujsab Nadaf Vs the State of Karnataka — Domestic Violence | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MS. JUSTICE J.M.KHAZI

¶7

CRIMINAL PETITION NO. 101390 OF 2023

¶8

BETWEEN:

¶9

CHANDRASHEKAR LAXMAN KATTIMANI

¶10

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.22 15:21:36 +0530

¶11

HUSENASAB, S/O MURTUJSAB NADAF, AGE: 55 YEARS, OCC: LABOURER, R/O. GATTIGANUR, TQ. HUNAGUND, DIST: BAGALKOT-587125. (BY SRI. K.S.PATIL, ADVOCATE) AND:

¶12

…PETITIONER

¶13

THE STATE OF KARNATAKA, BY DY.S.P, HUNAGUND POLICE STATION, HUNAGUND, DIST. BAGALKOT, RPTD. BY STATE PUBLIC PROSECUTOR, ADVOCATE GENERAL OFFICE, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD-580011. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC.439 OF CR.P.C. SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.3 ON BAIL IN C.C.NO.30/2023 (HUNAGUND P.S. CRIME NO.124/2022) PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC COURT, HUNAGUND, DIST. BAGALKOTE REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 306, 498-A, 304-B AND SEC. 34 OF IPC.

¶14

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶15

2 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶16

ORDER

¶17

Petitioner who is arraigned as accused No.3 has filed this petition under Section 439 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to grant him bail in C.C.No.30/2023 (Hunagund P.S. Crime No.124/2022) pending on the file of Senior Civil Judge and J.M.F.C., Hunagund registered for the offences punishable U/sec.306, 498A, 304B r/w Section 34 IPC.

¶18

In support of his petition, petitioner has contended that he is arrested on 20.12.2022 and since then he is in judicial custody. Already investigation is completed and charge sheet is filed and therefore the custodial presence of the petitioner is not required for investigation. There are omnibus and general allegations against the petitioner. The main allegations regarding harassment are against accused No.1. In his capacity as the father-in-law petitioner has never interfered with the family affairs of the deceased and accused No.1. On account of the unfortunate death of her daughter, the

¶19

3 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶20

complainant has roped in all the members of the family

¶21

without there being any specific allegations.

¶22

2.1 Petitioner is innocent and he has not at all committed the alleged offences. He is aged 55 years and in custody since 20.12.2022. He is the only earning member of the family. On account of his incarceration, his family members are suffering. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the Court and prays to allow the petition.

¶23

Learned High Court Government Pleader filed objections stating that based on the complaint filed by the mother of the deceased, case is registered in C.C.No.30/2023 (Hunagund P.S. Crime No.124/2022) for the offences punishable U/sec.306, 498A, 304B r/w Section 34 IPC and after completing detailed investigation, charge sheet is filed against accused No.1 to 4.

¶24

4 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶25

3.1 The marriage of deceased with accused No.1 was performed on 01.07.2022 as per the customs prevailing in their community. After the marriage, deceased lived happily in the house of accused persons only for a period of 2 months. Thereafter for one or other reason, they started harassing and ill-treating her. Accused No.1 assaulting deceased by consuming alcohol. They were demanding gold and cash from her parents. This was brought to the notice of the complainant and other family members when she visited the parental home. They advised the deceased to tolerate the same. Accused No.1 was giving threat of contacting second marriage, if his demands are not met.

¶26

3.2 Accused persons were advised by the father of the deceased and other respectable member of the society. However things did not improve. On 19.12.2022, they were informed that deceased has committed suicide. After visiting the spot, complaint is filed. Petitioner was arrested on 20.12.2022. The investigation also includes

¶27

5 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶28

the recovery of audio and video clips of the deceased sent through her cell phone. The statements of witnesses also reveal the complicity of the accused persons including the petitioner in the crime. There is prima facie material to connect the petitioner with the allegations made in the charge sheet. In the event of granting bail, petitioner may threaten or tamper with the witnesses. He may also abscond and thereby delay and protract the proceedings and prays to reject the petition.

¶29

Heard arguments and perused the record.

¶30

As evident from the material placed on record, the marriage of deceased Mamtazbi and accused No.1Bandagisab was performed on 01.07.2022. Though for a period of 2 months, deceased was taken good care by the accused persons, later on they started harassing and ill-treating her to get Rs.1,00,000/- and 2 tolas of gold, fridge and washing machine. Unable to bear the harassment, on 19.12.2022, she committed suicide by hanging herself inside the room.

¶31

6 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶32

After coming to know about the incident,

¶33

mother of the deceased has lodged complaint. Based on which investigation was taken up. Accused No.1 to 4 are arrested. The postmortem report state that the death of deceased was due to Asphyxia secondary to hanging. After completing detailed investigation, charge sheet is filed for the offences punishable U/sec.306, 498A, 304B r/w Section 34 IPC.

¶34

Petitioner who is accused No.3 i.e. the fatherin-law of the deceased is seeking bail contending that there are no specific allegations against him. The attention of the Court was also drawn to the audio and video clips sent by deceased through her cell phone prior to committing the suicide. Though the offences alleged are non-bailable, they are not exclusively punishable with death or imprisonment for life. Petitioner is in custody since 20.12.2022. As the investigation is completed and charge sheet is filed, the custodial presence of the petitioner is no longer required for the purpose of

¶35

7 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶36

investigation. Ofcourse there is apprehension on the part of prosecution that petitioner may threaten or tamper with the witnesses which may be overcome by imposing stringent conditions.

¶37

For the above reasons, this Court is of the considered opinion that petitioner is entitled for bail and accordingly, the following:

¶38

ORDER

¶39

Petition is allowed.

¶40

Petitioner/accused No.3 is released on bail in C.C.No.30/2023 (Hunagund P.S. Crime No.124/2022) pending on the file of Senior Civil Judge and J.M.F.C., Hunagund, District Bagalkote for the offences punishable under Sections 306, 498A, 304B r/w Section 34 IPC and Section 4, 6 and 17 of POCSO Act, 2012, subject to following:

¶41

CONDITIONS

¶42

a) Petitioner/accused No.3 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.

¶43

8 - NC: 2023:KHC-D:10976 CRL.P No. 101390 of 2023

¶44

b) Petitioner/accused No.3 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

¶45