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IN THE HIGH COURT OF KARNATAKA


DHARWAD BENCH
DATED THIS THE 3RD DAY OF MARCH, 2014

BEFORE

THE HON’BLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO.100329/2014

BETWEEN

MALLAPPA SIDDAPPA KANKANWADI


@ NAGANOOR
AGE: 45 YEARS,
OCC: AGRICULTURE
R/O. TEGGIHAL,
TQ: SAUNDATTI
DIST: BELGAUM
... PETITIONER

(BY SRI.: A G MULAWADMATH, ADV.)

AND

THE STATE OF KARNATAKA


(THOUGH SAVADATTI PS)
R/BY STATE PUBLIC PROSECUTOR
DHARWAD.
... RESPONDENT

(BY SRI.V.M.BANAKAR, ADDL. SPP.)

THIS CRIMINAL PETITION IS FILED U/S 439 OF


CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL
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IN SAUNDATTI POLICE STATION, CRIME NO.340/2013,


FOR THE OFFENCES U/S 306 OF IPC 1860.

This petition coming on for orders this day, the Court


made the following:

ORDER

The police have registered a case against the petitioner

in Crime No.340/2013 for the offence punishable under

Section 306 of Indian Penal Code, 1860.

2. Earlier this petitioner has approached the Sessions

Court and this Court for grant of anticipatory bail, which

came to be dismissed. Subsequently, on 20/1/2013, the

accused voluntarily surrendered before the jurisdictional

Court and he was remained in the judicial custody. It is seen

that the police have not sought for the custody of the

accused for any custodial interrogation. Since the date of his

surrender, he has been in judicial custody.

3. The brief allegations made against the petitioner are

that he is the resident of Teggihal village, Taluk Saundatti,

which is near by the house of the complainant Sri. Adiveppa

Mallappa Hirur. Adiveppa’s wife was residing with her


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husband in the said house. It is alleged that the accused-

petitioner while going in front of the house of the

complainant, used to have an evil eye on the wife of the

complainant. The accused-petitioner during the absence of

the complainant in his house, virtually started inciting the

wife of the complainant for sexual intercourse through his

bad mannerisms, by means of playing indecent songs in his

mobile, making that audible to the deceased-wife of the

complainant. The deceased was frustrated due to the act of

this accused and she suffered from fear-phobia and

thereafter, she had sleepless nights on several occasions.

Thereafter, she could not able to tolerate the act of the

accused. Therefore, by consuming poison, she committed

suicide.

4. On these allegations, a complaint came to be lodged

and the police have started the investigation. The complaint

was filed on 7/12/2013. I think by this time, the police

must have completed the investigation. The learned Addl.


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State Public Prosecutor submits that the charge sheet is

under scrutiny and it will be filed soon, before the Court.

5. Looking to the above said circumstances, though at

the earlier stage, this Court has dismissed the application

filed under Section 438 of Cr.P.C, but, as could be seen from

the said order, this Court has not expressed any opinion with

regard to the merits of the case, as this Court has observed

that he is not entitled for anticipatory bail. Therefore, it is

just and necessary for this Court to dwell upon the merits of

the allegations made in the complaint. At this stage, though

the allegations are there against the petitioner, that, by

means of his bad mannerisms, he tried to incite the wife of

the complainant for sexual activity. In order to establish that

the accused has abetted the commission of suicide by the

deceased, the prosecution has to prove the ingredients of

Section 117 that the accused has intentionally added by any

of his act or illegal omission, doing of that thing i.e to say he

intentionally add by his act or illegal omission and thereby

abated the commission of suicide by the deceased.


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Therefore, the intention of the accused plays an important

role. Whether in this case, the accused has intended only to

incite the deceased for sexual activity with him or whether he

had any intention to abet her to commit suicide. Further,

added to that whether he had any knowledge that by means

of his act, the consequent result would be commission of the

suicide by the deceased. Such intention or knowledge has to

be established during the course of full dressed trial. At

present, it is very difficult to draw an inference, that the

accused had such an intention to drive the said lady to

commit suicide.

6. In my opinion, when the petitioner has voluntarily

surrendered himself before the Court, it shows that he is a

law abiding citizen and he would assist the Investigating

Agency and also the Court in taking any action against him,

if the case leveled against him is proved beyond reasonable

doubt.

7. Hence, under the above circumstances, I am of the

opinion that the petition deserves to be allowed.


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Hence, the following order is passed:-

ORDER

Petition filed under Section 439 of Cr.P.C. is hereby

allowed. Consequently, the petitioner shall be released on

bail subject to the following conditions:

i) The petitioner shall execute a personal bond for a

sum of Rs.50,000/- with one solvent surety for

the likesum to the satisfaction of the trial Court.

ii) The petitioner shall not indulge in hampering the

investigation or tampering the prosecution

witnesses.

iii) He shall appear before the trial Court on all

future hearing dates unless prevented by any

genuine cause.

iv) The petitioner shall not leave the jurisdiction of

the trial Court without prior permission of the


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Court till the case registered against him is

disposed of.

SD/-
JUDGE
Vmb