IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.883 OF 2019 BETWEEN:
1. KALAVATHI W/O. LATE MANJEGOWDA AGED ABOUT 43 YEARS R/O. BAKTHARAVALLI VILLAGE KUDUR HOBLI, ALUR TALUK HASSAN DISTRICT-573 213 NOW R/AT NO.38, RAKAHSANAPURAM HASSAN-573 201 2. NANDEESHA J.K. S/O. KENCEGOWDA AGED ABOUT 48 YEARS R/O GOWDAIHANADODDI VILLAGE CHIKKARASINAKERE HOBLI MADDUR TALUK, MANDYA -571 422 3. GOWRAMMA W/O. RAMEGOWDA AGED ABOUT 65 YEARS R/O. DEVIHALLY VILLAGE KUNDUR HOBLI, ALUR TALUK HASSAN-573 128 4. ANIL S/O RAMEGOWDA AGED ABOUT 40 YEARS R/O DEVIHALLY VILLAGE KUNDUR HOBLI, ALUR TALUK HASSAN-573 128 5. HONNEGOWDA S/O PUTTEGOWDA AGED ABOUT 60 YEARS R/O DEVIHALLY VILLAGE KUNDUR HOBLI, ALUR TALUK HASSAN-573 128 …PETITIONERS (BY SRI.NAGARAJ S.JAIN, ADVOCATE) AND:
STATE OF KARNATAKA BY ALUR POLICE STATION HASSAN, REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 ...RESPONDENT (BY SRI.M.DIVAKAR MADDUR, HCGP) THIS PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.1/2019 OF ALUR POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 143, 504, 306, 149 OF IPC AND ETC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present petition has been filed by accused Nos.1 to 5 under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Crime No.1/2019 of Alur Police Station, Hassan for the offence punishable under Sections 143, 504, 306, 149 of IPC.
2. I have heard the learned counsel for the petitioners and learned HCGP for the respondent-Sate.
3. The gist of the complaint is that the elder sister of the complainant namely Jayamma was residing at Baktharavalli and she was having a son by name Manjegowda. The Marriage of the deceased – Manjegowda was performed with petitioner No.1-accused No.1 (Smt. Kalavathi). About three years back, due to unhappiness in the family, a quarrel took place between the son of elder sister of the complainant i.e. deceased- Manjegowdaand and petitioner No.1. At that time, the elder sister of the complainant and the complainant both of them used to advise them and thereafter, petitioner No.1- Kalavathi used to accompanying her colleague by name Sri Nandeesha- petitioner No.2 herein to her house and when Manjegowda asked about the said fact, petitioner No.1-accused No.1 has asserted that she will accompanying him to home and the same should not be questioned and asked him to keep mum or else go and stay with his mother Jayamma at Baktaravalli and abused and insulted him. Then the complainant and his elder sister had been to her house and suitably advised her and then also the said attitude of Kalavathi continued. Afterwards, petitioner No.3 - mother of petitioner No.1 and petitioner No.4 – brother of petitioner No.1 abused Manjegowda in vulgar words and insulted him. It is further alleged that even after the advise also petitioner No.1 accompanied the said Nandeesha to the house and when Manjegowda enquired about his arrival, at that time, both of them have ousted the said Manjegowda from his house. It is alleged that petitioners were abused the complainant and his elder sister Smt Jayamma in vulgar words, insulted them and asked them to go elsewhere and die by consuming poison and ousted them from the house and claimed for divorce from deceased-Manjegowda. Because of the said words and abetment, Jayamma and Manjegowda consumed poison and on the next day morning when the complainant had been near their house at about 9.00 AM, they were in the state of unconscious and they died before arrival of ambulance. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioners that provision of 306 of IPC is not attracted. The quarrel between the petitioner No.1 and the deceased-Manjegowda has taken place one week prior to the death of deceased. He further submitted that there is no positive act to connect the accused persons to the alleged crime. He further submitted that because of Manjegowda having committed suicide by consuming poison the deceased-Jayammma who is the mother of the said Manjegowda also consumed the poison. He further submitted that petitioner No.2-accused No.2 is a Government Official and there is no nexus to the offence and he is residing at Mandya. Further it is submitted that the accused-petitioners are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners-accused persons on bail.
5. Per contra, learned HCGP vehemently argued that there was illicit relationship between accused Nos.1 and 2. When the deceased advised them not to have illicit relationship, they quarreled and insulted the deceased Jayamma and Manjegowda and harassed. Because of the said reason they consumed poison and died. There is nexus between the quarrel and death of the deceased persons. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the petitioners and learned HCGP appearing for respondent – State and perused the material on record.
7. On close reading of the contents of the complaint, the said quarrel has taken place about one year back and thereafter the said persons have consumed poison and died. When the quarrel has taken place one week back and at that time the accused persons used the words uttering as against the deceased that itself shows that the suicide was not a direct result of the said quarrel or uttering of the words. Even it is well settled proposition of law that if a person is asked to go and die that itself would not constitute the ingredients of instigation as contemplated under Section 306 of IPC. Looking from any angle the materials which has been produced does not attract the provisions of Section 306 of IPC and the offence is not punishable with death or life imprisonment. Taking into consideration of the above facts and circumstances, I fell, by imposing some stringent conditions, if the petitioners/accused persons are enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused persons are enlarged on anticipatory bail in the event of their arrest in Crime No.1/2019 of Alur Police Station for the offences punishable under Sections 143, 504, 306 and 149 of IPC subject to the following conditions:
1. Each of the petitioners 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 not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. They shall mark their attendance once in 15 days till the charge sheet is filed.
Sd/-
JUDGE BS