IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 8109 OF 2019 BETWEEN:
SMT.AMMU, W/O DAVID, AGED ABOUT 34 YEARS, PRESENTLY RESIDING AT NO.146, 3RD FLOOR, 1ST MAIN ROAD, AMBEDKAR NAGAR, KORMANGALA, BENGALORE SOUTH, VIVEKNAGAR POST, BANGALURU - 560047. ...PETITIONER (BY SRI KARIGOWDA HENCHINAMANE S, ADVOCATE) AND:
STATE OF KARNATAKA BY ADUGODI POLICE REPRESENTED BY ITS STATION HOUSE OFFICER, BENGALURU - 560 034, BY SPP HIGH COURT BUILDING, BANGALORE. …RESPONDENT (BY SRI ROHITH B.J, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.179/2019 REGISTERED BY ADUGODI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 323,324,306 AND 504 R/W 34 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.2, who is none other than the sister is wife of the deceased, in Crime No.179/2019 of Adugodi Police Station for the offence punishable under Sections 306, 323, 324, 504 read with Section 34 of IPC.
3. The case of the prosecution is that about 9 years ago, the son of the complainant i.e., deceased, and the sister of the petitioner i.e., Deepa, loved each other and married each other. They were blessed with four children, they were happily leading life, but subsequently, there was some difference between the husband and wife and five months prior to the incident, said Deepa left conjugal home and went to her sister’s house. When the deceased went to call her back, at that time the deceased suspected that his wife had some illicit intimacy with one Veera of Ambedkar Nagar. In this context, it appears that there was some misunderstanding between the husband and wife. In the said backdrop, on 29.10.2019 at about 11.30 p.m., when the deceased had been to the house of the petitioner to call his wife back, at that time, it is alleged that the petitioner and others have abused him in filthy language and the person by name Veera has abused him, assaulted with his hands and this petitioner also abused the deceased saying that if he has no capacity to maintain his wife he should go and die. After the said incident, the deceased went to his house, poured kerosene and lit fire and attempted to commit suicide. He was admitted to the hospital, but later it appears that he succumbed to burn injuries on 02.11.2019.
4. Looking to the above said circumstances, the words used by this petitioner that the deceased is unable to maintain his wife, he should go and die, whether it attracts the provision of Section 306 of IPC and the petitioner with an intention to drive the deceased to commit suicide, has used those words, merely saying a person that he should go and die may not substantially attract the provision of Section 306 of IPC. The intention hidden in the mind of the petitioner has to be established during the course of full dressed trial by establishing the surrounding circumstances. How the deceased was responding to other members of the family, whether he was sensitive enough and even for small instances whether he get himself annoyed are all the factors to be weighed during the course of full dressed trial before the trial Court. Thereafter it appears that the petitioner is arrested, interrogated and sent to judicial custody, which indicates that she is no more required for further investigation. Petitioner being a lady, falls under exception to Section 437 of Cr.P.C. For all these reasons, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.179/2019 of Adugodi Police Station for the alleged offences, subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
BSR Sd/- JUDGE