Basappa vs The State of Karnataka

Anand Byrareddy, J.—Heard the learned Counsel for the petitioner and the learned Additional State Public Prosecutor. The petitioner is said to be the husband of one Neelavva, also known as Renuka. They were married in the year 2005. Neelavva had two children and was pregnant with the third child. It was alleged by the brother of Neelavva that she was being ill-treated both mentally and physically and she was abused of being a prostitute. It is therefore alleged that it was on account of the cruelty meted out to the deceased that she had been driven to commit suicide. It is on this basis that a case has been registered. The petitioner having approached the court below, seeking bail, the same has been rejected.

Having regard to the fact that the woman had died an unnatural death, it is for the prosecution to establish that there was cruelty to such an extent meted out by the petitioner, which drove the deceased to commit suicide. Therefore, the petitioner is entitled to be enlarged on bail.

The petition is allowed and the petitioner shall be enlarged on bail on his executing a personal bond in a sum of Rs. 15,000/- with a solvent surety for a like sum to the satisfaction of the court below. The petitioner shall not leave the jurisdiction of the Court below without seeking leave of the Court. The petitioner shall attend the Court on all dates of hearing. The petitioner shall not influence or seek to threaten the prosecution witnesses in any manner.