IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.8587 OF 2018 BETWEEN:
ANANDA. B S/O. BOREGOWDA AGED ABOUT 35 YEARS RESIDING AT KIRANGURU VILLAGE K. SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT PIN CODE: 571 430 … PETITIONER (BY SHRI VEERANNA G. TIGADI, ADVOCATE) AND:
THE STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ... RESPONDENT (BY SMT. B.G. NAMITHA MAHESH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.18/2018 OF SRIRANGAPATNA POLICE STATION, MANDYA DISTRICT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B, 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This petition under Section 439 of Cr.P.C. is filed by accused No.1 seeking enlargement on bail in Crime No.18/2018 registered in Srirangapatna Police Station for offences punishable under Sections 498A and 304B read with 34 of IPC.
2. Heard Shri Veeranna G. Tigadi, learned advocate for the petitioner and Smt. B.G. Namitha Mahesh, learned HCGP for the State.
3. Petitioner is accused of commission of offences punishable under Sections 498A and 304B read with 34 of IPC as per complaint dated 26.01.2018 lodged by his father-in-law Kempaiah S.K., registered as FIR No.18/2018 in Srirangapatna Police Station, Mandya.
4. Learned advocate for the petitioner submits that petitioner was married with Spoorthy on 19.06.2017. On 26.01.2018, Spoorthy committed suicide. Accordingly, Spoorthy’s father lodged the instant complaint against petitioner and his parents. Police, after investigation have filed charge sheet against three accused persons and trial is pending in the Court of III Additional District & Sessions Judge, Mandya. Petitioner was arrested on 27.01.2018 and he has remained in custody since then. Petitioner’s father was granted bail by learned Additional District Judge in C.MISC.No.5148/2018 decided on 09.05.2018. Petitioner’s mother was granted bail by this Court in CRL.P.No.3831/2018 decided on 14.06.2018.
5. Shri Tigadi submits that deceased Spoorthy was mentally unstable. She had attempted to commit suicide on three earlier occasions. He has produced medical records of JSS Hospital, Mysuru, to show that Spoorty had attempted to commit suicide on 23.01.2017. On the last date of hearing, this Court had directed the learned HCGP to complete instruction on this aspect. Accordingly, learned HCGP has produced the full medical records of JSS Hospital, Mysuru.
6. A careful perusal of the case sheet maintained by the JSS Hospital shows that deceased had a previous history of suicide. It is also recorded that there is a family history to commit suicide and Spoorty’s maternal uncle also had attempted to commit suicide. With regard to mental condition of the deceased, one doctor Shivanand of JSS Hospital has opined as “impulsive self harm”.
7. Shri Tigadi further submitted that petitioner is aged 35 years and he is an agriculturist. Accordingly, he prays that petitioner be enlarged on bail.
8. Learned HCGP opposing the petition argued that there is an audio clip, which prima facie shows that petitioner is responsible for driving the victim to commit suicide.
9. I have carefully considered the rival contentions and perused the records.
10. Medical records shows that the victim had attempted to commit suicide on 23.01.2017 and doctors attending on her have opined as noted hereinabove. Marriage has taken place nearly five months after the said incident. Unfortunately, within next seven months, victim has passed away by committing suicide.
11. Medical report by JSS Hospital shows that the victim had a family history of suicidal tendency and she had also attempted to commit suicide. Since, the medical opinion shows the condition of the deceased Spoorty as “impulsive self harm”, in my view, petitioner shall be entitled for bail.
12. In the result, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in Crime No.18/2018 registered in Srirangapatna Town Police Station, upon his executing a self bond for a sum of Rs.1,00,000/- with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall not tamper with the evidence;
(iii) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(iv) Petitioner shall not involve himself in any criminal activities and;
(v) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE AV