IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2698/2019 BETWEEN:
1. B.C.Rajashekhar, S/o. Chikka Jogappa, Aged about 54 years, R/at No.970, 3rd Cross, 12th Main Road, Bank Colony, Srinivasanagara, Bengaluru-560 050.
Also at:
Sree Champakadama Jewellery House, No.215, Cubbonpet Main Road, 3rd Cross, Bengaluru-560 002.
2. B.C.Ramakrishna, S/o. Sri Chikka Jogappa, Aged about 61 years, R/at. No.197, 1st Main, 10th Cross, Bapujinagar, Mysore Road, Bengaluru-560 026.
3. H.Shivayogi, S/o. Late Jayadevappa, Aged about 54 years, R/at No.1/23, 3rd Floor, 1st Cross, 1sst Main, Hanumanthanagar, Bengaluru-560 019.
Also at:
Civil Head Constable-4762, Emp. No.1218040, Card No.18112, C/o The Commissioner of Police, No.1, Bhagwan Mahaveer Road, Bengaluru-560 001.
(All the petitioners are in judicial custody) ...Petitioners (By Sri.Siddharth B Muchandi, Advocate for Sri. K.V.Thimmaiah, Advocate) AND:
The State of Karnataka, By the Police of Jayanagar Police Station, Bengaluru City-560011.
Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ...Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.56/2019 of Jayanagar Police Station, Bengaluru City for the offence punishable under Section 306 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners-accused Nos.1, 2 and 3 under Section 439 of Cr.P.C. praying to release them on bail in Crime No.56/2019 of Jayanagar Police Station, Bengaluru City for the offence punishable under Section 306 r/w Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The genesis of the case of the prosecution is that petitioner No.1 is the owner of Champakadama Jewellery House, Cubbonpet, Bengaluru. He lodged a complaint regarding theft that had happened in his Jewellery shop on 21.01.2019 against unknown persons. Deceased was working in the said shop, it is stated in the complaint that the petitioners used to harass the deceased to accept the guilt of theft that had taken place in the Jewellery shop. Due to ill-treatment and harassment said to have been committed by the petitioners, on 15.03.2019 at about 10:30 p.m., the deceased committed suicide by hanging and the same was noticed by his wife on 16.03.2019 at about 4:05 a.m. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioners that a complaint was registered on 22.01.2019 against unknown persons for having committed theft in the shop of petitioner No.1, on 21.01.2019. In this behalf, a case has been registered in Crime.No.15/2019. It is his further submission that there is no material to show that the petitioners- accused Nos.1 to 3 have ill-treated and harassed the deceased and they were persuading the deceased to accept the guilt. Except death note, no other material is available to connect the petitioners to the alleged crime. It is further stated that the death note, which is said to have been left by the deceased has to be proved in accordance with law. It is further submitted that the petitioners-accused Nos.1 to 3 are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners-accused Nos.1 to 3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners-accused Nos.1 to 3 used to ill-treat and harass the deceased to accept the theft committed in the shop and due to physical and mental harassment, he left a death note and a message over the mobile phone and committed suicide by hanging. The said records clearly goes to show that the petitioners instigated the deceased to commit suicide. There is ample material to connect the petitioners to the alleged crime. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. The contents of the complaint and other materials reveal that though it is alleged that the petitioners-accused Nos.1 to 3 ill-treated and harassed and instigated the deceased to commit suicide by pressurizing him to accept the guilt about theft which is said to have been committed is on 21.09.2019, in order to substantiate the said fact, no material has been produced except, the death note. Even the conduct of the deceased having sent the said death note through whats app, itself appears to be very strange. If a person is in depression and he is intending to commit suicide, then under such circumstances, sending message through whats app to his sister and brother and his friend, itself is strange. Under the above said facts and circumstances of the case, petitioners-accused Nos.1 to 3 have made out a case to release them on bail.
In that light, criminal petition is allowed. Petitioners- accused Nos.1 to 3 are enlarged on bail in Crime No.56/2019 of Jayanagar Police Station, Bengaluru City for the offences punishable under Sections 306 r/w Section 34 of IPC, subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the charge sheet is filed.
4. They shall not tamper with the prosecution evidence directly or indirectly.
In view of disposal of the main petition, I.A.No.1/2019 does not survive for consideration and the same is disposed of.
Sd/- JUDGE RB