IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.5527 OF 2019 Between:
Ajay Kumar S/o C.B. Siddaiah Aged about 27 years R/at Kodamballi Hunasanahalli Channapatna Taluk Ramanagar District 562 138 …Petitioner (By Shri Veeranna G. Tigadi a/w Shri. Mahesh Kumar K.M, Advocates) And:
State of Karnataka By Yelahanka New Town P.S. Bengaluru Represented by State Public Prosecutor High Court Complex Bangalore – 560 001 (By Shri Rohith, B.J., HCGP) …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.95 of 2019 of Yelahanka New Town Police Station, Bengaluru City for the offence punishable under Section 306 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Respondent-Police have laid a charge sheet against the petitioner for the offence punishable under Section 306 of the Indian Penal Code.
2. Heard and perused the records.
3. The brief facts of the case are that the petitioner fell in love with the deceased. In spite of the repeated advises the accused has not desisted himself from continuing the said attitude. However, the deceased was given in marriage to CW13 on 13th March, 2019. Even after the marriage, it is alleged that the petitioner had continued to call her over phone and used to send messages, etc. in order to harass her. Therefore, she was totally frustrated in life and committed suicide on 06th June, 2019. The entire charge sheet material discloses that the accused-petitioner never threatened her or never sent any message, which is directing her to commit suicide or to end up her life. But on the other hand, the material collected are the messages sent by the accused which show that he himself was frustrated in life and he expressed his desire to commit suicide. Perhaps that may be the reason, the victim lady thought herself that because of her the life of the petitioner became miserable, and therefore she has committed suicide has to be thrashed out during the course of full-fledged trial. Under the above said circumstances, the instigation of the petitioner to the victim has to be established beyond reasonable doubt during the course of the trial.
3. Considering the nature of the allegation and the facts and circumstance of the case as also the material collected by the respondent police, in my opinion, at this stage the petitioner is entitled to be enlarged on bail, particularly, when the offence is not punishable either with death or imprisonment for life; and further, after investigation charge sheet has already been filed and the Sessions case has been registered in SC No.1442 of 2019. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. Crime No.95 of 2019 of Yelahanka New Town Police Station, Bengaluru City for the offence punishable under Section 306 of the Indian Penal Code, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) Petitioner shall not indulge in tampering the prosecution witnesses.
(iii) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) Petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
lnn Sd/- JUDGE