SRI. SATYAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under section 439 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as "Cr.P.C.") seeking grant of bail in Crime No. 237/2017 of the respondent Police Station for the offences punishable under Section 498(A) and 306 of the Indian Penal Code (henceforth for brevity referred to as "IPC").

(2.) The summary of the case of the prosecution as could be gathered from the charge sheet is that deceased Savitri and the petitioner herein were married to each other about 10 to 12 years back in spite of disliking of the said marriage by the parents of their family. It is thereafter, the couple started living separately and also had left their village to eke out their livelihood. Out of their wedlock, they have two male issues born to them. Since about 3 to 4 years, the family had migrated back to their village Chikkavadatti and residing there. During the said period of their stay back in their village, the petitioner herein (accused) started suspecting the character of his wife. In this regard, he was also objecting to his wife and was revealing his suspicion about her character in an expressed manner. That being the case, on 10.11.2017 in the morning at about 11:30 a.m. the accused when he returned home from outside, saw the presence of one Sri. Somappa S/o. Veerappa Nuchchambli, the resident of same village in his house where deceased Savitri was all alone. After sending the said Somappa, the accused once again objected to the behaviour of his wife Savitri in the presence of C.W.13, who was by then duly summoned by the accused at that time. After advising his wife, the accused went away from home. However at his return at 3:30 p.m. in the afternoon, he noticed his wife in a hanged position with the help of a nylon rope. Believing that she may be still alive, the accused cut the rope and brought her body down and attempted to administer water to her. By that time, Savitri was passed away. With this accusation, the complainant police charge sheeted the accused for the offences punishable under Sections 498(A) and 306 of IPC.

(3.) Learned counsel for the petitioner, in his argument, submitted that initially the complainant-police had registered a complaint against the accused and other people for the offences punishable under Sections 143, 147, 302, 201 r/w 149 of IPC. After noticing that the death was not a murder and there was no involvement of other people, the charge sheet was confined to the present petitioner and for the offence punishable under Sections 498(A) and 306 of IPC. Learned counsel further submitted that even after believing that the contents of the charge sheet are true, still it would not make out a case either for Section 498(A) or 306 of IPC. There is no material to show that either the accused was subjecting the deceased to cruelty or that he had instigated her to commit suicide.