VajrappA.S S/O Somaiah, Vs. the State by Talaghatpura Police - Court Judgment

Excerpt:
[m ananda j.] this criminal petition is filed under section 439 cr.p.c by the advocate for the petitioner praying that this hon'ble court may be pleased to enlarge the petitioner on bail in cr.no.246/2010 of talaghattapura p.s., ramanagara dist., which is regd., for the offence p/u/s 306 r/w 34 of ipc.order1. petitioner is arrayed as first accused in crime no.246/10 registered for offences under sections 306 r/w34 of ipc.2. i have heard learned counsel for the petitioner. learned government advocate for the state and gone through the investigation records.3. petitioner is the husband of deceased yellamma. their marriage was performed about 14 years back. they have five children. there were frequent quarrels between the petitioner and his wife. several panchayats were convened and the petitioner was advised to mend his behavior. even then, the petitioner continued to harass the deceased. therefore, deceased drowned in a sump in front of their house.4. the investigation records do not prima facie reveal the nature of harassment. the investigation is completed and charge sheet has been filed. therefore, considering the nature of offences alleged against petitioner, his detention during the trial, would be a measure of punishment.5. in the result, i pass the following order: petition is allowed. petitioner is released on bail subject to following conditions:1) petitioner shall execute a bond for a sum of rs.50,000/- and offer a surety for the like sum to the satisfaction of jurisdictional court.2} petitioner shall not intimidate or tamper with the prosecution witnesses.3) petitioner shall regularly attend the court.

Judgment:
ORDER

1. Petitioner is arrayed as first accused in Crime No.246/10 registered for offences under Sections 306 r/w34 of IPC.

2. I have heard learned counsel for the petitioner. Learned Government Advocate for the State and gone through the investigation records.

3. Petitioner is the husband of deceased Yellamma. Their marriage was performed about 14 years back. They have five children. There were frequent quarrels between the petitioner and his wife. Several panchayats were convened and the petitioner was advised to mend his behavior. Even then, the petitioner continued to harass the deceased. Therefore, deceased drowned in a sump in front of their house.

4. The investigation records do not prima facie reveal the nature of harassment. The investigation is completed and charge sheet has been filed. Therefore, considering the nature of offences alleged against petitioner, his detention during the trial, would be a measure of punishment.

5. In the result, I pass the following order: Petition is allowed. Petitioner is released on bail subject to following conditions:

1) Petitioner shall execute a bond for a sum of Rs.50,000/- and offer a surety for the like sum to the satisfaction of jurisdictional Court.

2} Petitioner shall not intimidate or tamper with the prosecution witnesses.

3) Petitioner shall regularly attend the Court.