-1- IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17’FIl DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO.10322/201 1 Between: Mr.Dada Peer, S/o.Late Laala Sab ( Mabu Sab, Aged about 33 years, 0cc.: Electrician, R/o.Near Sarai Buddanna House, Gaddekelagi Millerpet, Bellarv. Petitioner (By Sri. Shivaraja Hiremath, Advocate) And: The State of Karnataka. By Brucepet Police Station, Bellarv, Represented by Public Prosecutor, High Court of Karnataka, Cricuit Bench, Dharwad. Respondent (By Sri.Anand K. Navalgimath, HCGP) This criminal petition is filed under Section 439 of Cr.P.C. seeking to release of the petitioner on bail, who arrayed as accused No.1 in Crime No.116/2010, on the file of the 1-Addi. Civil Judge & JMFC, Bellary, for the alleged offence punishable under Sections 498-A. 302, 109 R/w. 34 of IPC. This petition coming on for orders this day, the Court made the following: -2- ORDER Heard both sides in respect of the bail sought by the petitioner who is said to be the husband of deceased Gousiya. 2. The prosecution case in short is that, this petitioner being the husband of the deceased, was demanding money from her parental house and unable to bear the harassment the deceased wife committed suicide by setting herself on fire. The case is registered against the petitioner and his mother in respect of the offence under Sections 498- A, 302 and 109 read with Section 34 of IPC. 3. Petitioner’s counsel submits that the mother has been granted bail earlier and this petitioner was not in the house when the incident of his wife committing suicide took place and moreover the complainant is also dead and therefore the petitioner be released on bail. 4. Having thus heard both sides, it is unlikely that the offence under Section 302 can be said to have been occurred and according to the prosecution, death has occurred on account of suicide due to harassment given by -3- the accused, Section 498-A of the IPC is the only the offence that can be said to be attracted at this stage and taking note of the punishment prescribed for the said offence and the complainant is also said to have been dead, I am of the view that the petitioner can be released on bail by imposing conditions, Accordingly I pass the following order: ORDER i. The petitioner shall be released on bail on executing a personal bond for Rs.25,000/- with two sureties for the likesum to the satisfaction of the trial court. ii. He shall not tamper with the evidence and he shall not give threat to the prosecution witnesses in any manner. iii. He shall mark attendance before the jurisdictional police station on every Wednesday and Saturday between lO.OO a.m and 5.00 p.m. iv. He shall not involve themselves in like offences in future. Sd/ JUDGE Vnp *