IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4524/2019 BETWEEN:
Ms. CHERESA @ S.ARUBA CHERISSA MARY D/O SAGAYA XAVIER AGED ABOUT 22 YEARS, R/AT NO.50/2, C.T.ROAD 7TH CROSS, 7TH MAIN VASANTHANAGAR BENGALURU-560052 ...PETITIONER (BY SRI K.N.NARAYANA SWAMY, ADV.) AND:
THE STATE OF KARNATAKA HIGH GROUNDS POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001 …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.67/2019 REGISTERED BY HIGH GROUNDS POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 306 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard. Perused the records.
2. A case has been registered against the petitioner for the offence punishable under section 306 of Indian Penal Code.
3. The petitioner is an young lady who was residing in Vasanthnagar, Bangalore. The complainant’s son by name Domnic Rozariyo was working in H.P. Company. It appears, they developed some intimacy with each other and they decided to marry. As Domnic Rozariyo refused to marry the petitioner/accused, it appears she lodged a complaint before the Police Commissioner. Thereafter, it appears they entered into compromise and the deceased accepted to marry the accused and in fact a date was also fixed for the marriage in the Sub-Registrar’s office. On that particular day, at about 10.30 a.m. the complainant and his wife had been to their work and when they came back at 12.30 p.m., the door of the house was closed. After breaking open the door, they found the dead body of their son Domnic Rozariyo who had committed suicide by hanging himself. They made allegations that because of the ill-treatment and harassment by the accused, being frustrated in life, he has committed suicide.
4. Looking to the above facts and circumstances, when the marriage was fixed between the accused and the deceased, why she has to tell him ‘to go and die’. The intention of the parties has to be established during the course of trial, whether she had made any instigation or provoked the deceased to commit suicide. For the present, in my opinion, the petitioner being a lady and considering the nature of allegation and the surrounding circumstances, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.67/2019 of High Grounds Police Station, on following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and she shall execute a personal bond for a sum of Rs.1 lakh (Rupees one lakh) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Dvr:
Sd/-
JUDGE