IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4013/2019 BETWEEN:
Ganesh K.M., S/o. K.S.Manjunatha, Aged about 44 years, R/o Near Water Tank, Kusbur village, Muthinakoppa, N.R.Pura Taluk, Chikkamagaluru District. ... Petitioner (By Sri. Balraj K.N, Advocate) AND:
State of Karnataka, By N.R.Pura Police Station, Chikkamagaluru District, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.41/2019 and FIR No.53/2019 in N.R.Pura Police Station, Chikkamagaluru for the offences punishable under Sections 306 and 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest in Crime No.41/2019 for the offences punishable under Sections 306 and 506 of IPC.
2. The case of the prosecution is that a complaint was filed by the elder son of the deceased. It is stated that the accused used to come to the house of the complainant and was maintaining a cordial relationship with the family. It is further alleged that he was expressing that he was in love with the complainant’s mother and he would take her with him. It is further stated that she was threatened. It is alleged that the complainant’s father and the deceased had quarrelled with each other in January, 2019 with regard to the visit of the petitioner to their house. It is further alleged that the petitioner used to express to others that he had an illicit relationship with the complainant’s mother.
3. It is stated that the complainant had taken his mother on 18.04.2019 to Bengaluru and returned on 10.05.2019. It is further stated that on 10.05.2019, the complainant along with his mother had lodged a complaint against the petitioner. It is alleged that later the petitioner had come to the house and threatened the complainant’s mother to withdraw the complaint. It is further stated that on 11.05.2019, the complainant and his father had gone to the agricultural land. The complainant’s mother who had gone to bring hay for the cattle did not return. Later, it was discovered that she had committed suicide by consuming poison. On the basis of the above said facts, complaint is lodged and investigation is in progress.
4. It comes out from the complaint itself that pursuant to the complaint being lodged, there was a requirement that the petitioner was to give an undertaking not to interfere with the complainant.
5. Learned High Court Government Pleader states that the question as regards allegations in the complaint including that the petitioner would come to the house of the deceased and that he had expressed his intention to do away with the deceased and as regards other such matters, the custodial interrogation is required. It is further submitted that the complaint was lodged on 10.05.2019 and even before the action could be taken to lodge an FIR on next day itself, the deceased had committed suicide on 11.05.2019.
6. Taking note of the above facts, it would be a fit case for the petitioner to be subjected to custodial interrogation as made out by the learned High Court Government Pleader. It could not be appropriate to interfere with the right of investigation by way of custodial interrogation at this stage in light of the facts as made out. Accordingly, the petition is rejected.
7. Learned High Court Government Pleader however would submit that the custodial interrogation would be completed expeditiously, the said submission is recorded.
Sd/- JUDGE SJK