IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3685 OF 2019 BETWEEN B.N.HARISH KUMAR @ CHEATHAN S/O B.T.NARAYANA AGED ABOUT 29 YEARS R/AT ARAPATTU VILLAGE, KARADA POST VIRAJPET TALUK KODAGU DISTRICT – 571 218 …PETITIONER (BY SRI GOPALAKRISHNAMURTHY. C., ADVOCATE) AND THE STATE OF KARNATAKA VIRAJPET RURAL POLICE STATION REP. BY SPP HIGH COURT BENGALURU – 560 001 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.35/2019 OF VIRAJPET RURAL P.S., KODAGU FOR THE OFFENCE P/U/S 498A, 306 OF IPC.
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. Perused the records.
2. The brief facts of the case are that:
A lady by name Smt.Prema, who is the mother of deceased Pramila, lodged a complaint stating that her daughter by name Pramila was given in marriage to the accused and they have been residing in a rented house at Arapattu village in Virajpet taluk.
3. It is the allegation against the petitioner that, the petitioner has taken second marriage and he got a child out of the said marriage and he was forcing the deceased to adjust with that lady also and he was threatening that he would bring that second wife and child to the house and the deceased has to adjust with them, otherwise she has to leave the house.
4. It is also alleged that the accused has scolded her to die and he is no more required the said lady. On the basis of the above, it appears the deceased frustrated in life and committed suicide in the house of the accused by hanging herself.
5. The accused was arrested and he has been in judicial custody since the date of his arrest. First information report shows that the incident alleged to have happened on 19.4.2019, but the FIR was registered on 30.4.2019 after a long lapse of 12 days. There is no material to show that the accused was in the house on that day at that particular time when the suicide was committed by his wife i.e., the deceased. With what intention the accused told her that he would bring the second wife to the house, whether to abet the commission of suicide by the wife has to be thrashed out during the course of full-fledged trial.
6. Under the above said circumstance, as the offence under Section 306 IPC is not punishable either with death or imprisonment for life, in my opinion, as the accused is already in jail and there is delay of 12 days in filing the complaint, considering all the above said circumstances, the petitioner is required to be enlarged on bail on conditions. Hence, the following:
:ORDER:
The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.35/2019 arising out of Crl.Misc.No.5048/2019 pending on the file of II Additional District and Sessions Judge, Kodagu-Madikeri sitting at Virajpet, for the offences under Sections 498A and 306 IPC, subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of `1,00,000/-(Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdictional court;
ii) The petitioner shall appear before the trial court on all the future hearing dates unless exempted by any genuine reason by the trial court;
iii) The petitioner shall not leave the jurisdiction of Kodagu District without prior permission of the jurisdictional Court till the case registered against him is disposed of.
Sd/- JUDGE KNM/-