IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7398/2019 BETWEEN ACHARYA PRINCE AGED ABOUT 28 YEARS S/O GANESH ACHARYA R/O AT: 47, LAKSHMINANDHANA APARTMENT SECURITY HOUSE, 7TH CROSS NANDAKUMAR LAYOUT, UTTARAHALLI BENGALURU – 560 061 ... PETITIONER (BY SRI. PRASANNA RAO .R., ADVOCATE) AND STATE OF KARNATAKA BY SUBRAMANYAPURA POLICE STATION REP. BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.182/2019 REGISTERED BY SUBRAMANYAPURA POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 498(A) AND 306 AND IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Subramanyapura Police have filed charge sheet in connection with Crime No.182/2019 against the petitioner for the offences punishable under Sections 498-A and 306 of IPC, which is culminated in CC No.19582/2019, which is now pending on the file of II Additional Chief Metropolitan Magistrate Court, Bengaluru.
3. It is stated that, the petitioner is none other than the husband of the deceased. Their marriage took place about five years prior to the incident. They were residing in Lakshmi Nanda Apartment No.47, 7th Cross, Nandakumara Layout, Bengaluru City.
4. It is the case of the prosecution that, the petitioner was addicted to alcohol and in that context, he has been ill-treating and harassing the deceased.
In spite of repeated advises by the witnesses and the brother of the deceased, he never desisted himself from the said addiction and ill-treating his wife (deceased). In this background, it is alleged that, on the intervening night of 17/18.06.2019 at about 12.45 hours, when the petitioner was not in the house, she committed suicide by hanging herself in the house of the petitioner. In fact, the petitioner informed about the death of the deceased to the complainant and thereafter, the complainant lodged a complaint.
5. At present, it is not forthcoming from the records that, since how long he was addicted to alcohol and what was the nature of ill-treatment and harassment meted-out to the deceased or whether it was a regular quarrel between the husband and wife, and whether the alleged ill-treatment and harassment was sufficient to drive a woman to commit suicide or it was happened due to the sensitiveness of the deceased. Therefore, all these aspects have to be ascertained during the course of full dressed trial.
6. It is submitted by the learned counsel for the petitioner that charge sheet has already been filed and the petitioner is in judicial custody. Therefore, it appears that the petitioner is not required for any further custodial interrogation.
7. In the above said facts and circumstances of the case, in my opinion, the petitioner/accused is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-Acharya Prince shall be released on bail in connection with CC No.19582/2019 ( Crime No.182/2019 of respondent-Subramanyapura Police Station, Bengaluru) for the aforesaid offences, now pending before the Court of II Additional Chief Metropolitan Magistrate Court, Bengaluru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE