ALTAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought grant of bail in connection with Crime No. 94/2012 of Sindagi Police Station, for the offences punishable under Sections 498A, 306 r/w 34 of IPC. Heard the learned counsel for the petitioner and the learned Addl. SPP.

(2.) It is stated that one Shiraj is the complainant and accused No. 1 Altaf Bairamadagi was married to his sister Shamshad about 12 years prior to the incident. The petitioner Altaf had developed illicit relationship with the accused No. 2 Yallawwa and used to bring her home in the presence of the deceased. He started torturing Shamshad, making her life miserable on this aspect. She has disclosed this fact to her brother and other family members. It is also stated, the petitioner and Yallawwa have assaulted Shamshad. Expressing that she is unable to lead live with the petitioner, she committed a suicide. Earlier the case was registered for the offences punishable under Sections 302 and 498A of IPC. After investigation, the charge sheet was filed for the offence punishable under Section 306 of IPC.

(3.) According to the learned counsel for the petitioner, there is no premeditation or motive to commit the offence and there is no direct cause for the assault and both the petitioner and deceased are relatives. It is a case where after 12 years of marriage of Shamshad with the petitioner, it is alleged that there is harassment meted out to her. Since more than one and half years petitioner is in custody and submitted that the offence under Section 306 of IPC is not exclusively punishable with life imprisonment or death. Accordingly, he has sought grant of bail.