Karnataka High Court
Shri Mahantesh Mudimallappa ... vs The State Of Karnataka on 8 August, 2023
Bench: J.M.Khazipresided Byjmkj
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CRL.P No. 101366 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 101366 OF 2023
BETWEEN:
SHRI. MAHANTESH MUDIMALLAPPA GANIGER,
AGE: 32 YEARS, OCC: FARMER,
R/O: KARADIGUDDA,
TQ AND DIST: DHARWAD.
...PETITIONER
(BY SRI. CHETAN T. KIMBIKAI, ADVOCATE FOR;
SRI. CHETAN KULKARNI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPTD. BY SPL. PUBLIC PROSECUTOR,
SPP OFFICE, HIGH COURT OF KARNATAKA,
DHARWAD BENCH -580011,
CHANDRASHEKAR THROUGH NAVALAGUND POLICE STATION.
LAXMAN
KATTIMANI ...RESPONDENT
(BY SRI. PRAVEEN K. UPPAR, HCGP)
Digitally signed by
CHANDRASHEKAR THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
LAXMAN KATTIMANI
Date: 2023.08.09 OF CR.P.C. SEEKING TO ENLARGE HIM ON BAIL IN THE EVENT
10:54:25 -0700 OF HIS ARREST ON SUCH TERMS AND CONDITIONS AS
DEEMED FIT BY THIS HON'BLE COURT IN NAVALAGUND P.S.
CRIME NO. 74/2023 FOR THE OFFENCES P/U/SEC. 498A, AND
306 R/W SEC. 34 OF IPC. IN SO FAR AS THE
PETITIONER/ACCUSED NO.1 IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 101366 of 2023
ORDER
1. This petition is by accused No.1 seeking
anticipatory bail in Crime No.74/2023 for the offences
punishable under Sections 498A and 306 read with Section
34 of IPC.
2. The petitioner/accused No.1 has contended that
he is innocent of the offences alleged and that he has been
falsely implicated. Admittedly, deceased was staying in her
parental home since more than 2 years before the
unfortunate incident took place. Petitioner/accused No.1
has filed a petition under Section 9 of the Hindu Marriage
Act seeking restitution of conjugal rights before the Family
Court in M.C.No.168/2022, as the deceased had left the
matrimonial home. The provisions of Section 306 is not
attracted, as the ingredient of Section 107 is not fulfilled.
The Hon'ble Supreme Court in ample number of judgments
held that the offence under Section 306 of IPC would
stand only if there is abatement for commission of crime.
Though the alleged incident took place on 22.04.2023, the
deceased was under treatment for almost 8 days and her
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statement was not recorded. Only after her death,
complaint came to be filed. There are no specific allegation
against the petitioner/accused No.1. Since 2018, there
were no complaints against the petitioner/accused No.1,
except the present case. Petitioner/accused No.1 is ready
and willing to abide by any conditions that may be
imposed and prays to allow the petition.
3. Learned HCGP filed objections stating that
based on the complaint filed by the father of the deceased,
case in Crime No.74/2023 is registered against the
petitioner/accused No.1 and others for the offences
punishable under Sections 499A and 306 read with Section
34 of IPC. The complaint reveal that marriage of the
deceased Sweta with the petitioner/accused No.1 was
performed on 23.03.2018 and at the time of marriage,
cash in a sum of Rs.30,000/-, 1 tola of gold and household
articles were given as per custom. Deceased was staying
in the matrimonial home along with accused Nos.1 to 4.
3.1. After one year of marriage, petitioner/accused
No.1 started quarreling with her. He used to assault her
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under the influence of alcohol. The other accused were not
advicing him not to ill-treat her. Unable to bear the
harassment, she left the matrimonial home and since 2
years, she is staying with her parents. After one year,
petitioner/accused No.1 filed petition for divorce and
deceased was attending the Court. When she joined the
computer course at Navalgund and after coming to know
about it, the petitioner/accused No.1 used to visit the
computer centre and force her either join him in the
matrimonial home or agree for the divorce. On 22.04.2023
at about 1.00 p.m., once again while she was going to the
computer centre, petitioner/accused No.1 abused her in
filthy language and forced her to give divorce. Unable to
bear the harassment, on the same day, in the evening,
she consumed pesticide and attempted suicide. Initially
she was admitted to the Government Hospital, Navalgund.
On the advice of the doctors, she was shifted to KIMS,
Hubballi. She died on 01.05.2023 at 8.45 p.m.
3.2. Based on the complaint, case is registered and
investigation is taken up. All the accused persons including
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the petitioner/accused No.1 were absconding. Remaining
accused namely accused Nos.2 to 4 have been granted
anticipatory bail by the Sessions Court. However, the
petition filed by the present petitioner is rejected mainly
on the ground that custodial interrogation is necessary and
prays to dismiss the petition.
4. Heard arguments and perused the records.
5. As evident from the material placed on record,
marriage of the petitioner/accused No.1 and deceased
took place on 23.03.2018. It is alleged that after about 1
year of the marriage, petitioner/accused No.1 started
consuming alcohol, quarrelling, abusing and harassing the
deceased. Though the father of the deceased and his
relatives adviced the petitioner/accused No.1 not to do so,
he continued the same. Ultimately, unable to bear the
harassment, deceased left the matrimonial home about 2
years prior to her death. After one year,
petitioner/accused No.1 filed petition under Section 9 of
the Hindu Marriage Act seeking restitution of conjugal
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rights. It appears that deceased also filed petition under
Section 125 Cr.P.C. seeking maintenance.
6. From the complaint averments, it is evident
that about 1 year prior to the incident, deceased started
attending computer training course at Navalgund. After
coming to know about it, petitioner/accused No.1 started
visiting the centre, harassing and abusing her and forcing
her to come back to the matrimonial home or to give him
divorce. On the date of the incident i.e., on 22.04.2023
also he visited the computer centre and abused her.
Though the deceased informed her father about the same
and he promised to convene a meeting of the elders, at
about 7.30 p.m., she consumed pesticide. Though she was
shifted to the hospital, initially at the Government hospital,
Navalgund and later to KIMS, Hubballi, as treatment was
not fruitful, she died on 01.05.2023.
7. The complaint averments and the investigation
so far conducted makes out a prima facie case against the
petitioner/accused No.1. In fact, while granting
anticipatory bail to the accused Nos.2 to 4, the main
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ground urged by them that there were no allegations
against other accused. The Sessions Court also rejected
the anticipatory bail petition of the petitioner/accused No.1
on the ground that the main allegations are against the
petitioner/accused No.1 and his custodial interrogation is
necessary. Having regard to the gravity of offences, it is
necessary that investigating officer should have the
advantage of custodial interrogation of the
petitioner/accused No.1. For these reasons, this Court is of
the considered opinion that petitioner is not entitled for
anticipatory bail. Accordingly, the following:
ORDER
Criminal Petition is rejected.
Sd/-
JUDGE
