IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2083/2019 BETWEEN:
1. Smt.Fasiha Banu @ Shafnaaz, W/o Raffi Ulla Aged about 57 years, R/at No.5, Muneshwara Temple Area, Gurappanapalya, Bangalore-560 029.
2. Smt.Fiza Khanum, W/o Shabbir Ahmed Aged about 23 years R/at No.12/3, 5th Cross, Bismillanagar, Bangalore-560 029.
3. Smt.Rajiya Khanum, W/o Mohamed Ismail, Aged about 33 years R/at No.73-3, 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, Cross, 2nd Main Road Bismillanagar, Bangalore-560 029.
4. Nawaz Khan S/o Rafiulla Khan, Aged about 36 years, R/at No.25, Muneshwara Temple, Gurappas Palya, Bangalore – 560 029.
5. Irfan S/o Refeeulla Khan, Aged about 22 years, R/at No.3, 1st Main Road, 6th Cross, New Gurappanapalya, Bangalore – 560 029.
6. Hatha Ulla S/o Raffi Ulla, Aged about 38 years, R/at No.31, Sudarshan Layout, (I.B.M Behind House), New Gurappanapalya, Bangalore – 560 029.
7. Smt.Rafiya Khanum D/o Sabeeha Taj, R/at No.15, H Cross, Bismilla Nagara, Bangalore South, Dharmara College, Bangalore-560 029.
(By Sri.Manu B.S, Advocate) AND:
State of Karnataka Bengaluru City, By Suddaguntepalya Police, Rep. by State Public Prosectuor, High Court Complex, ...Petitioners High Court of Karnataka, Bangalore – 560 001.
... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.218/2018 of Suddaguntepalya Police Station, Bangalore 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 This petition is taken up out of turn on the request of learned counsel for the petitioners on the ground that the petitioners are having small kids and they have to get admission of their children to the school. If the said petition is not heard, the children may not get admission in the school. In that light, petition is taken up hearing.
2. This petition has been filed by the petitioner/accused Nos.1 to 7 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.218/2018 of Suddaguntepalya Police Station for the offence punishable under Section 306 read with Section 34 of IPC.
3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
4. The gist of the complaint is that deceased- Mohammed Imran got married to Smt.Rafiya Khanum- petitioner No.7 four years ago and they lived happily for a period of one year and a girl child was born to them. Thereafter, petititioners-accused Nos.1 to 7 started illtreating and harrasing the deceased. On 28.07.2018, the deceased consumed poison and died in the hospital when he was taken for the treatment. On the basis of the complaint, a case came to be registered.
5. It is the submission of the learned counsel for petitioners, that the petitioners-accused Nos.1 to 7 are residing separately and they were nothing to do with alleged crime. It is further submitted that no reasons have been stated about the illtreatment and harassment caused by the petitioners-accused Nos.1 to 7. Even there is no material to show that there is illtreatment and harassment caused by the petitioners-accused Nos.1 to 7. Even the statement of the brother of the deceased is falsely recorded and said statement saying ‘go and die’ will not attract provisions under Section 306 of IPC. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioners-accused Nos.1 to 7 are ready to abide by the conditions imposed on them by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused Nos.1 to 7 on anticipatory bail.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that there was illtreatment and harassment caused to the deceased by the petitioners-accused Nos.1 to 7 and the same was informed by the deceased to his brother and while recording the statement under inquest he has clearly stated that there is illtreatment and harassment caused by the petitioners-accused Nos.1 to 7 to the deceased and on the basis of the statement ‘go and die’ the deceased consumed poison. He further submitted that father of the deceased also advised the petitioners- accused Nos.1 to 7 in respect of illtreatment and harassment. There is prima facie material as against the petitioners-accused Nos.1 to 7. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
8. On close reading of the contents of the complaint though it is alleged that on 28.07.2018 the son of the complainant died by consuming poison but no reasons have been stated about the illtreatment and harassment against the petitioners-accused Nos.1 to 7. Even the statement which has been recorded goes to show that petitioners-accused Nos.1 to 7 used to say the deceased ‘go and die’ that will not attract the provisions of Section 306 of IPC. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.1 to 7 are ordered to be released on bail, it is going to meet the ends of justice.
9. In the light of discussions held by me above, petition is allowed and the petitioner/accused Nos.1 to 7 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.128/2018 of Suddaguntepalya Police Station for the offence punishable under Section 306 read with Section 34 of IPC subject to the following conditions:
1. Each of the Petitioners/accused Nos.1 to 7 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall co-operate with the Investigating Officer for the purpose of investigation.
4. They shall not tamper with the prosecution evidence either directly or indirectly.
5. They shall not leave the jurisdiction of the Court without prior permission 6. They shall mark their attendance once in a month, i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/- JUDGE UN