IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8007/2018 BETWEEN:
Smt. Bhagyamma @ T. Bhagyalakshmi W/o Vishveshwaraiah House Wife, Aged about 37 years Residing at 2nd Floor, 4th House, 1st Ward Ashok Nagar, Vijaypura Town, Devanahalli Town Bangalore Rural District-562 110.
(By Smt. Vijaya M.N., Advocate) AND:
The State of Karnataka by Vijayapura Police Devanahalli Taluk Bangalore Rural District Represented by State Public Prosecutor High Court Building Bangalore-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent 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 Crime No.156/2018 of Vijayapura Police Station, Bangalore District, for the offence punishable under Section 306 r/w Section 34 of Indian Penal Code.
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 petitioner/ accused No.2 under Section 438 of Cr.P.C. to release her on anticipatory bail in Crime No.156/2018 of Vijayapura Police Station for the offence punishable under Section 306 r/w 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint are that the complainant had got two children. Her daughter Smt.Kavitha was given in marriage to one Nataraju, he was working in Assam Rifles. It is further stated that her daughter was staying by the side of their house. Accused No.1 was running wielding shop at Ashoka Nagara. They used to quarrel with her daughter for small issues and they used to give harassment and mental torture. It is further stated that her daughter used to tell the same through phone. It is further held that on 31.7.2018 at about 8.30 p.m. it is accused Nos.1 and 2 scolded the deceased, for that she became depressed in her life and poured kerosene and set fire on herself. On the basis of the complaint a case was registered.
4. It is submitted by the learned counsel for the petitioner that the petitioner/accused is in no way connected to the alleged crime. She further submitted that already accused No.1 has been released on bail. She further submitted that though the alleged incident has taken place on 31.7.2018, the complaint came to be registered on the next day i.e. 1.8.2018. She further submitted that though she was taken to Victoria Hospital immediately after the burn injuries, neither the doctor nor any other person informed the police to register the case. That itself creates a suspicion in the case of the prosecution. She further submitted that, the petitioner/accused is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds she prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that immediately after the ill- treatment and harassment caused by accused Nos.1 and 2, she committed suicide by pouring kerosene and litting the fire. She further submitted that the minor son is an eyewitness, he has seen the deceased coming by weeping when the accused scolded on her and immediately she has committed suicide. She further submitted that accused No.1 has been released on bail not by a regular bail, but statutory bail under Section 167 of Cr.P.C. As such, she submitted that the ground of parity is not applicable to the present case. She further submitted that there is prima facie material to sow that there is evidence against the petitioner/accused. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials it clearly goes to show that the petitioner and accused No.1 have used to scolded the deceased and thereafter they used to give mental harassment and the same came to be informed to the complainant through phone. It is further seen that as on the date of the alleged incident accused Nos.1 and 2 scolded, humiliated and harassed and because of that humiliation the deceased committed suicide by herself in her house by pouring kerosene and litting the fire. There is ample material to show that it is because of the harassment and the abetment committed by the accused persons she committed suicide. As such there are sufficient materials as against the petitioner/accused.
8. It is not a fit case to exercise the power under Section 438 of Cr.P.C. The petition is devoid of merits and the same is liable to dismissed. Accordingly, it is dismissed.
However, the above observation will not come in the way if the regular bail application is filed under Section 439 of Cr.P.C.
Sd/- JUDGE *AP/-