IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3429/2019 Between:
1. H. Manjappa S/o. Thimmappa, Aged about 69 years, R/o. Mandaghatt Village, Shivamogga – 577 201.
2. Smt. Manjamma W/o. Manjappa H, Aged about 61 years, R/o. Mandaghatt Village, Shivamogga – 577 201.
… Petitioners (By Sri. K. V. Sateeshchandra, Advocate) And:
The State by Police Sub-Inspector Kumsi Police Station, Shivamogga Taluk, Rep. by State Public Prosecutor, High Court Complex, Bengaluru 560 001.
(By Sri. S. Rachaiah, HCGP) …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to grant anticipatory bail to the petitioners and direct the respondent – Kumsi Police Station, Kumsi, Shivamogga Taluk, to release the petitioners on bail in the event of their arrest in Crime No.100/2019 for the offences punishable under Sections 498-A, 306 read with Section 34 of IPC pending on the file of the Additional Civil and Junior Division and JMFC-II Court, Shivamogga.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner No.1 – accused No.2 is the father-in-law of deceased. Petitioner No.2 – accused No.3 is the mother-in-law of deceased. They are seeking to be enlarged on bail in the event of their arrest with respect to the proceedings in Crime No.100/2019 for the offences punishable under Sections 498A, 306 read with Section 34 of IPC.
2. The case that is made out in the complaint is that the complainant’s sister is the deceased, who married accused No.1-Chandrashekara about ten years back. It is stated that two children are born out from within their wed lock. It is further stated that there has been harassment by the petitioners and accused No.1, leading to the deceased committing suicide.
3. Learned counsel for the petitioner submits that accused No.1 has surrendered himself and subjected himself to custodial interrogation and states that in light of the allegations made, matter rests on evidence to be adduced. Custodial interrogation as such may not be required.
4. Learned High Court Government Pleader opposes the grant of anticipatory bail and states that there is prima facie material to come to the conclusion that offence has been committed and that the nature of cruelty inflicted ought to be taken note of.
5. Taking note of the fact that accused No.1 has surrendered himself and has subjected himself to custodial interrogation and also noticing that the present case rests on oral and other evidence to be adduced, there is force in the contention of the learned counsel for the petitioner that no case is made out for custodial interrogation. Role of the petitioner in commission of crime is a matter to be proved during trial.
6. It is noticed that the Sessions Court had rejected the application of the petitioner stating that the matter is still at the stage of investigation and hence, no case was made out for enlarging the petitioner on bail.
7. Taking note of the fact that petitioner No.2 is woman and both petitioners 1 and 2 are aged beyond 60 years, noting that the present proceedings cannot be construed to be proceedings for punishment, petitioners are entitled to be enlarged on anticipatory bail in the event of their arrest.
8. Accordingly, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.100/2019 for the offences punishable under Sections 498A, 306 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.100/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall mark their attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case Sd/- JUDGE VP