Nagendra Yellappa Guddad vs The State Of Karnataka
2022 Latest Caselaw 2303 Kant

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

      DATED THIS THE 14TH DAY OF FEBRUARY 2022

                      BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


              CRL.A.NO.100423 OF 2021

BETWEEN

NAGENDRA YELLAPPA GUDDAD
AGE 32 YEARS,
OCC: ELECTRICIAN
R/O. UDYAMNAGAR,
YELLAPUR-581359.
                                        ...APPELLANT

(BY SRI.R.H. ANGADI, ADV. &
MISS. JOSHNA P. DHANVE,ADV.)


AND


1 . THE STATE OF KARNATAKA
(YELLAPUR POLICE STATION,
UTTAR KANNADA)
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH,
DHARWAD-580011

2 . NAGARAJ GOVIND HARIJAN
AGE 60 YEARS,
OCC LABOURER
R/O AMBEDKAR ONI,
                             2




YELLAPUR ROAD,
MUNDAGOD,
UTTARA KANNADA-581359.

                                        ...RESPONDENTS

(BY SRI.VIJAY S. KALASURMATH, HCGP FOR R1)
(BY SRI. RAVINDRA S.M., ADV. FOR R-2)


       THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF SC

AND ST ACT, SEEKING TO ALLOW THE APPEAL AND SET

ASIDE IMPUGNED ORDER ON BAIL APPLICATION FILED

U/S 439 OF CR.P.C., IN SPECIAL CASE NO.67/2021,

DATED 08.09.2021 BY THE PRINCIPAL DISTRICT AND

SESSIONS JUDGE (SPECIAL COURT) U.K. KARWAR AND

CONSEQUENTLY ENLARGE THE APPELLANT/ACCUSED ON

BAIL   IN   CONNECTION     WITH   YELLAPUR   P.S.   CRIME

NO.20/2021,    FOR   THE   OFFENCES   PUNISHABLE      U/S

304(B), 498(A), 504, 506 OF IPC AND SECTION 3(2) (VA)

OF SC/ST (PREVENTION OF ATROCITIES) AMENDMENT

ACT 2005.

       THIS APPEAL COMING ON FOR FINAL HEARING THIS

DAY, THE COURT DELIVERED THE FOLLOWING:
                               3




                         JUDGMENT

Heard the learned counsel for appellant, learned

HCGP for respondent No.1-State and learned counsel for

respondent No.2.

2. Appellant is the sole accused in Special Case

No.67/2021 arising out of Crime No.20/2021 of Yellapura

Police Station, charge sheeted for offence punishable

under Sections 304(B), 498(A), 504, 506 of IPC and

Section 3(2)(va) of SC/ST (Prevention of Atrocities)

amendment Act, 1989 and SC/ST(POA) Amendment Act,

2015, now pending on the file of Prl. District and Sessions

Judge(Special Court), Uttar Kannada, Karwar.

3. Brief facts are that the marriage of deceased by

name Gowri was solemnized with the appellant on

04.12.2015. The deceased belong to schedule caste.

Subsequent to the marriage, the appellant started giving

her physical and mental harassment stating that she

belongs to a lower caste and also started demanding

dowry. In view of the harassment meted to her, she

committed suicide in the house of the accused by hanging

on 19.12.2020.

4. Learned counsel for the appellant has drawn the

attention of the Court to the UDR registered initially on an

information furnished by the father of the deceased. In

the said report, it is stated that the deceased was under

depression as she was unable to conceive. The learned

counsel contends that after a lapse of 49 days, a false

complaint has been lodged by the father of the deceased

saying that his daughter was murdered by the appellant.

He contends that as per the earliest information, deceased

was seen depressed because she did not beget any child

and therefore, she committed suicide. He contends that

after an inordinate delay, false allegations are made

against the petitioner.

5. Learned counsel for respondents have contended

that the deceased has committed suicide in the house of

the accused and it is the accused who informed the

complainant that the deceased was looking depressed

since one week as she had not begotten any child. It is

therefore, contended that the cause for the deceased to

commit suicide has been suppressed by the accused.

6. The incident has taken place on 19.12.2020 at

about 9.30 p.m. On the very next day UDR was

registered. The perusal of the UDR does not indicate that

there was any allegation of dowry demand or harassment

meted to the deceased by the accused/appellant.

Subsequently, on 05.02.2021, another complaint was

lodged alleging that the deceased was murdered by the

appellant. However, on completion of investigation,

charge sheet has been filed for the offence punishable

under Sections 304(B), 498(A), 504, 506 of IPC and

Section 3(2)(va) of SC/ST(Prevention of Atrocities)

Amendment Act, 2015.

7. The postmortem report shows that except the

ligature mark, there are no external injuries seen.

Appellant was arrested on 22.04.2021. Investigation is

completed and charge sheet has been filed. Appellant has

undertaken to offer sufficient surety to appear before the

trial Court. Hence, the following:

ORDER

Appeal is allowed.

The accused/appellant shall be enlarged on bail in

Spl. Case No.67/2021 pending on the file of Prl. District

and Sessions Judge(Special Court) Uttara Kannada, Karwar

arising out of Crime No.20/2021 of Yellapura Police

Station, for offence punishable under Sections 304(B),

498A, 504, and 506 of IPC and under Section 3(2)(va) of

SC/ST (POA) Amendment Act, 2015, subject to following

conditions:

i) The Appellant shall execute a personal

bond in a sum of Rs.1,00,000/-(Rupees

One lakh only) with two sureties for like

sum to the satisfaction of the

jurisdictional Court.

      ii)     He shall furnish proof of his residential

              address     and        shall    inform     the

Court/Investigating Officer, if there is

any change in the address.

iii) He shall not tamper the prosecution

witnesses either directly or indirectly.

iv) He shall not leave the jurisdiction of trial

Court without prior permission of the

learned trial Judge.

v) He shall appear before the trial Court on

all dates of hearing without fail.

vi) Violation of any of the above conditions

will lead to cancellation of bail.

Sd/-

JUDGE

HMB