IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7604/2019 BETWEEN ARUN.A S/O RAJU @ ANTHONY RAJ AGED ABOUT 28 YEARS NO.40, 1ST MAIN, 6TH CROSS NARAYANAPPA GARDEN THAVAREKERE BENGALURU – 560 029 ... PETITIONER (BY SRI. B.C. VIJAY, ADVOCATE) AND STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION BENGALURU REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING 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.154/2019 REGISTERED BY SUDDAGUNTEPALYA POLICE STATION, BENGALURU, FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. Petitioner is the sole accused in Crime No 154/2019 of respondent-Police Station registered for the offence punishable under Section 306 of IPC.
3. The brief facts of the case are that, the marriage between the petitioner and the deceased- Sandya had taken place long back and they were blessed with a male child. Their marriage is an inter- caste marriage. Since the petitioner and the deceased were loving each other, both the families later accepted their love and performed their marriage. After the marriage, upto 3 to 4 years, they lived happily and thereafter, it is alleged that the petitioner started suspecting the fidelity of the deceased. In that context, husband and wife were quarrelling with each other and during quarrel, he abused her to go and die. In this background, it is alleged that, on 30.08.2019 the said Sandya committed suicide by hanging herself to a ceiling fan in the bed room of the house of the petitioner/accused.
4. Looking to the above facts and circumstances, at present it is not forthcoming from the records that, though the marriage between the petitioner and the deceased was a love-cum-arranged marriage, what transpired between the husband and wife after a long lapse of their marriage and what is the reason for the petitioner to suspect the fidelity of the deceased, even after they were blessed with a child. Therefore, trial Court has to ascertain whether the accused has abetted commission of suicide by the deceased or whether due to the sensitivity of the deceased, she herself committed suicide or else what is the reason for death of the deceased.
5. The offence under Section 306 is not punishable either with the sentence of death of imprisonment for life. It is submitted that, the petitioner was arrested on 31.08.2019 and since then he has been in judicial custody. That itself indicates that, he is no more required for any further investigation. Hence, in the above facts and circumstances of the case, the petitioner is entitled to be enlarged on bail. Hence, I pass the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused-A. Aruna shall be released on bail in connection with Crime No.154/2019 of respondent- Police Station for the offence punishable under Section 306 of IPC, which is now pending before the Court of VI Additional Chief Metropolitan Magistrate, 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 one surety 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.
vi) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/-
JUDGE KGR*