IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 1030/2019 BETWEEN:
H.V.Naresh, Son of Sri.Venkateshappa, Aged about 26 years, Residing at No.4/14, 15th Main, 4th Block, Nandini Layout, Bengaluru – 560096. ...Petitioner (By Sri.Rangnath Reddy.R, Advocate for Sri.Seetharamu.S.P, Advocate) AND:
State of Karnataka, By Nandini Layout Police Station, Bengaluru.
Rep. by State Public Prosecutor, High Court Buildings, Bengaluru – 560001. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.471/2018(Spl.C.C.No.26/2019) of Nandini Layout Police Station, Bengaluru for the offences punishable under Section 3(2)(v) of SC/ST (POA) Act and Sections 417, 420, 306 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Notice is served to the complainant. She is present and through the learned High Court Government Pleader she has submitted her say.
2. The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.471/2018 (Spl.C.C.No.26/2019) of Nandini Layout Police Station, Bengaluru District on the file of LXX Additional Sessions Judge registered for the offences punishable under Sections 417, 420 and 306 of IPC and under Section 3(2)(v) of the Schedule Castes and Schedule Tribes(Prevention of Atrocities) Act, 1989.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
4. The gist of the complaint is that accused since many days assuring the deceased that he is in love and he is going to marry her and he used to move along with her, subsequently they stayed together. After coming to know that the deceased belongs to Scheduled Caste and accused/petitioner belongs to Vokkaliga community he started ill-treating and harassing her and because of the ill-treatment and harassment caused by the accused/petitioner, she committed suicide by hanging in the house on 25.10.2018. On the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the accused/petitioner that the accused/petitioner is innocent and prima-facie there is no material to connect the accused/petitioner to show that he has abetted the deceased to commit suicide. He further submits that the prosecution material does not disclose that the accused/petitioner used to ill-treat and harass the deceased based upon the caste. He further submits that subsequent statement of the complainant i.e., sister of the deceased has been recorded therein she has specifically stated that the accused/petitioner used to say ‘go and die’ and as such the provisions of Section 306 of IPC are not attracted. The alleged offence is not punishable with death or imprisonment for life. The accused/petitioner is ready to abide by any conditions that may be imposed on him by this Court and already charge sheet has been filed and he is ready to offer surety. On these grounds, he prayed to allow the petition and to release the accused/petitioner on bail.
6. Per Contra, learned High Court Government Pleader vehemently argued and submitted that the accused/petitioner used to pretend that he is loving her and thereafter came to know that she belongs to SC & ST and cheated her and because of ill-treatment and harassment and he refused to marry her, she committed suicide by hanging. There is ample material to connect the accused/petitioner to the alleged crime. He further submits if the accused/petitioner is enlarged on bail, he may tamper with the prosecution evidence and he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
8. As could be seen from the further statement of the complainant there it has been stated that the deceased used to tell the complainant that the accused/petitioner used to tell her ‘go and die’. The word ‘go and die’ that itself would not constitute the ingredient of the instigation or abetment as contemplated under Section 306 of IPC. Though the deceased committed suicide by hanging, there must be material to show that the act of the accused/petitioner has brought the deceased under stress and depression and because of the said act of the accused/petitioner the deceased has committed suicide by hanging. In that behalf also prima-facie no material has been produced in this behalf. The only allegations which has been made as against the accused/petitioner is that he has fallen in love with the deceased and promised her to marry and thereafter he refused to marry only because she belongs to SC & ST. Even the records also indicates that they were loving each other for some time and thereafter she committed suicide by hanging. This is a matter which has to be considered and appreciated only at the time of trial. No prima-facie materials has been placed to attract Section 306 of IPC. Hence, I feel that accused/petitioner is entitled to be released on bail.
9. In the light of the discussions held by me above, petition is allowed. Accused/petitioner is enlarged on bail in Crime No.471/2018 (Spl.C.C.No.26/2019) of Nandini Layout Police Station, Bengaluru District on the file of LXX Additional Sessions Judge registered for the offences punishable under Sections 417, 420 and 306 of IPC and under Section 3(2)(v) of the Schedule Castes and Schedule Tribes(Prevention of Atrocities) Act, 1989 subject to the following conditions:
1. Petitioner/accused 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 trial Court.
2. He shall not leave the jurisdiction of the trial Court without prior permission.
3. He shall mark his attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regularly appear before the trial Court for trial, without fail.
Sd/- JUDGE NS