Allowed

Manjunath S/O. Huligeppa Bhovi v. the State of Karnataka

Karnataka HC12 Oct 2023CRL.P/102561/2023

Case brief

AI extract

What is this about?

High Court at Dharwad allowed the criminal petition filed by an accused husband for regular bail in a case involving offences under Sections 498A and 306 IPC arising from the deceased wife's suicide.

What did the court decide?

Petitioner granted regular bail subject to execution of Rs.1,00,000 bond, surety, attendance, cooperation in investigation, and conduct conditions.

Manjunath S/O. Huligeppa Bhovi Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC-D:12321 CRL.P No. 102561 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 12^TH DAY OF OCTOBER, 2023

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BEFORE

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

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CRIMINAL PETITION NO. 102561 OF 2023 (439-)

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BETWEEN:

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MANJUNATH S/O. HULIGEPPA BHOVI AGED ABOUT 30 YEARS, OCC. FARMER, R/O. MAJJIGERI VILLAGE, TQ. MUNDAGOD, DIST. UTTAR KANNADA.

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…PETITIONER

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(BY SRI. VIJAY S CHINIWAR, ADVOCATE)

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AND:

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL

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THE STATE OF KARNATAKA THROUGH MUDAGOD POLICE STATION, DIST. UTTAR KANNADA - 581349 R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD.

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(BY SMT.GIRIJA HIREMATH, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THE PETITION BY ENLARGING THE PETITIONER ON REGULAR BAIL IN MUNDAGOD PS CRIME NO.131/2023 REGISTERED FOR THE OFFENCES P/U/S 498A, 306 OF IPC ON THE FILE OF PRL. CIVIL JUDGE (JR. DN) AND JMFC MUNDGOD, U.K. KARWAR DISTRICT.

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

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2 - NC: 2023:KHC-D:12321 CRL.P No. 102561 of 2023

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ORDER

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Petitioner who is the sole accused has filed this petition under Section 439 Cr.P.C. to grant him regular bail in Crime No.131/2023 of Mundagod Police Station registered for the offences punishable under Sections 498A and 306 IPC.

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In support of his petition, the petitioner has contended that he is innocent of the offences alleged. He has not committed any alleged offences. There are no specific overt acts attributed to him. There are no allegations of demand of dowry. There are no previous complaints or panchayats. The petitioner and deceased were residing in the same village separately. The allegations are false. There are no recoveries during the investigation. The petitioner was arrested on 24.08.2023

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and since then he is in judicial custody. Now the investigation is on the verge of completion. The petitioner is the only earning member of the family. Petitioner undertakes to abide by any conditions that may be

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3 - NC: 2023:KHC-D:12321 CRL.P No. 102561 of 2023

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imposed and offer substantial surety to the satisfaction of

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the trial Court and prays to allow the petition.

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Learned High Court Government Pleader submitted oral objections stating that the marriage of petitioner and deceased Jyoti was performed on 21.02.2017. After marriage, they were living separately in the same village. Petitioner was not going to work and used to stay home. Deceased used to urge him to go to work and not to mingle with useless persons of the village. The petitioner used to react by assaulting the deceased. On many occasions, deceased expressed that if this harassment continues, she would prefer to die. The petitioner and deceased had incurred loan from Dharmashtala Sangha and Stri Shakti Sangha. On account of petitioner not working, they were not able to repay the loans.

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3.1. In this background, on 24.08.2023 while the

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complainant i.e., the father of the deceased was not in the house, his relative by name Basavaraj Haveri came and

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4 - NC: 2023:KHC-D:12321 CRL.P No. 102561 of 2023

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informed that Jyoti had committed suicide by hanging inside the house. Immediately the complainant went to the spot and found her hanging from the ceiling. He along with Mutanna Bhovi and Praveen Sagar cut the saree, examined and found her not responding. Immediately she was taken to Mundgod Government Hospital, where she was declared as brought dead. In respect of the incident, the father of the deceased has lodged the complaint.

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3.2. Based on the same, case is registered in Crime No.131/2023 and investigation is taken up. The dead body is subjected to post mortem examination. The post mortem report state the cause as reserved subject to chemical analysis report. The post mortem report also reveal that deceased had old abrasion wound on the back which indicate that she was being assaulted by the petitioner. The investigation is yet to be completed. In the event of granting bail, the petitioner may threaten or tamper with the prosecution witnesses and he may also

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5 - NC: 2023:KHC-D:12321 CRL.P No. 102561 of 2023

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abscond and hereby delay and protract the proceeding

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and prays to dismiss the petition.

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Heard arguments and perused the record.

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The petitioner is the husband of deceased Jyoti.

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Their marriage was performed on 21.01.2017. The complainant is the father of the deceased. His grievance is that since from the date of the marriage, petitioner was not working. He was roaming around with unscrupulous persons of the village and was not able to earn any income. The couple had incurred loan from Dharmashtala Sangha and Stri Shakti Sangha. On account of petitioner not going for work, they were not able to repay the loan. Whenever deceased was insisting upon the petitioner to work and earn, he used to assault the deceased and the deceased was expressing that if this behaviour of his would continue, she may not survive and she would like to commit suicide. In this background, on 24.08.2023, the deceased committed suicide by hanging inside the house

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with a saree.

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After coming to know about the same, the complainant has rushed to the house of the deceased and after cutting the saree used for hanging, the dead body was brought down. With a fond hope that she may be alive they took her to the hospital, but there she was declared as brought dead.

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On the same day, the petitioner was arrested and remanded to custody. Investigation so far conducted, reveal that statement of some of the witnesses were recorded. The dead body is subjected to post mortem examination. The opinion is reserved pending consideration of chemical analysis report. Having regard to the nature of the specific allegations made against the petitioner, his continued incarceration is not required. Ofcourse there is apprehension on the part of the prosecution that the petitioner may threaten or tamper with the witnesses and he may also abscond, can be met by imposing stringent conditions.

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Taking into consideration these aspects, this

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Court is of the considered opinion that the petitioner is entitled for bail and accordingly the following:

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ORDER

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Petition is allowed. Petitioner/accused is released on bail, in Crime No.131/2023 of Mundagod Police Station registered for the offences punishable under Sections 498A and 306 IPC, subject to following:

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CONDITIONS

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a) The petitioner/accused shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

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b) Petitioner/accused shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.

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c) Petitioner/accused shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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d) Petitioner/accused shall not tamper with the prosecution witnesses either directly or indirectly.

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e) Petitioner/accused shall not indulge in any criminal activities.

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f) Petitioner/accused shall be regular in attending the Court proceedings.

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Sd/JUDGE

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KGK List No.: 1 Sl No.: 11

Manjunath S/O. Huligeppa Bhovi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Manjunath S/O. Huligeppa Bhovi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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