BASAVASHETTY @ BASAVANNA @ BASAVARAJU, SON OF SRI, MAHADEVA SHETTY Vs. STATE OF KARNATAKA, BY STATION HOUSE OFFICER OF GUNDLUPET POLICE STATION, CHAMARAJANAGAR DISTRICT, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, B

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader, The petitioner is accused of causing the death of one Chikkathayamma. The background is as follows: - Chikkathayamma was estranged from her husband and had returned to her maternal home. It transpires that the petitioner and Chikkathayamma had an illicit affair, which was known to the petitioner's wife and his mother -in -law and therefore, they had accosted Chikkathayamma and had beaten her with footwear and abused her in filthy language, accusing her of destroying the life of petitioner's wife and his family. On account of the extreme shame to which she was put, Chikkathayamma had committed suicide by hanging herself. The complainant, who is the father of the deceased Chikkathayamma had alleged that the petitioner and his family were the direct cause for the death of his daughter and it is on that basis that the proceedings had been initialed. The petitioner and his mother -in -law having approached the court below, seeking bail, the court below has thought it fit to grant bail to the mother -in - law and rejected the bail application of the petitioner.

(2.) IN the above facts and circumstances, it cannot be Said that the petitioner was instrumental in causing the death of the deceased. If it was the mother -in -law and the wife of the petitioner, who had indeed abused and assaulted Chikkathayamma, driving her to her death, it is inexplicable that the court below has found the petitioner to be at fault, who was having illicit affair with Chikkathayamma and did not harbour ill -will and therefore, denial of bail to the petitioner appears to be unjust and unfair. The petition stands allowed. The petitioner shall be enlarged on bail on his furnishing a self bond in a sum of Rs. 20,000/ - (Rupees twenty thousand only with one solvent surety for a like sum. The petitioner shall make himself available to the investigating authorities till the completion of the investigation. The petitioner shall appear before the court on all dates of hearing. He shall not leave the jurisdiction of the court, without the leave of the court. He shall not tamper with or seek to influence the prosecution witnesses.