IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.600/2019 BETWEEN:
Komala Rathod W/o. Prahlad Nayak Aged about 25 years R/at No.G 75, KEB Quarters Rajajinagar II block, 19th Main Bangalore-560 010. ...Petitioner (By Sri Honnappa S, Advocate) AND:
State by Rajajinagar Police Station Represented by Public Prosecutor High Court of Karnataka Bengaluru – 560 001. … Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.256/2018 of Rajajinagar Police Station, Bengaluru City for the offence punishable under Section 306 R/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by petitioner/accused No.1 under Section 438 of Cr.P.C. praying this Court to release her on anticipatory bail in the event of her arrest in Crime No.256/2018 of Rajajinagar Police Station for the offence punishable under Section 306 R/w 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that the deceased got married with accused No.1. He was working in BESCOM and the petitioner herein was working as a Women Police Constable. It is further alleged that the deceased was terminated from the service and because of that the petitioner started quarreling with him frequently and he was ill-treated and harassed. The other accused persons were also indulged in harassing the deceased. The deceased being unable to bear the said harassment has died by committing suicide by hanging on 21.12.2018. On the basis of the same, a case has been registered.
4. It is the contention of the petitioner that petitioner/accused No.1 is innocent and she has not committed any offence and there is no allegation in the complaint to show that accused No.1 has instigated the deceased to commit suicide. He further submitted that already accused Nos.2 to 7 have been released on bail. Under the similar facts and circumstances, the petitioner is also entitled to be released on bail. He further submitted that the deceased was terminated from his service from BESCOM and even the complaint also makes it clear that Rs.4,50,000/- was paid by the deceased towards marks card and for getting an employment. But the said act has noticed regarding illegality committed by him. Because of the said act, he has committed suicide by hanging. There is no specific overt act or abetment committed by the petitioner towards the deceased. He further submitted that the petitioner is a woman and she is working as a Women Police Constable. Hence, there is no question of she fleeing away from justice. On these grounds, he prays to allow the petition and grant anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the deceased committed suicide by hanging because of the ill-treatment and harassment given by petitioner/accused No.1 and other accused persons. He further submitted that the deceased has left two death notes therein it is clearly stated about ill-treatment and harassment caused by the petitioner and because of that mental pressure and depression, the deceased has committed suicide by hanging. He further submitted that during the course of the inquest mahazar, statement of witnesses have been recorded, wherein they have categorically stated that ill-treatment and harassment caused to the deceased is cause for death. There is prima-facie material as against the petitioner to show that she has involved in serious offence, which is punishable with imprisonment for ten years. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the parties and perused the records.
7. A close reading of the contents of complaint and other materials on record disclose that because of the ill-treatment and harassment caused by the petitioner herein the deceased has committed suicide but all the allegations are general allegations. Already under the similar facts and circumstances, accused Nos.2 to 7 have been released on bail. Be that as it may, in order to commit an offence under Section 306 of IPC, there must be an instigation or abetment to commit suicide. But as could be seen from the contents of the complaint and other materials, there is no specific averment about abetment said to have been committed by the petitioner/accused No.1.
8. Though it is contended by the learned High Court Government Pleader that there are two death notes have been left by the deceased; one in paper and another on wall, it is the matter to be appreciated and considered only at the time of the trial. The alleged offence is not punishable with death or imprisonment for life. Under the said facts and circumstances of the case, I feel that petitioner/accused No.1 has made out a case to release her on anticipatory bail.
9. In that light, petition is allowed and the petitioner/accused No.1 is enlarged on anticipatory bail in Crime No.256/2018 of Rajajinagar Police Station for the offence punishable under Section 306 R/w 34 of IPC subject to the following conditions:
1. In the event of her arrest, the Investigating Agency is directed to enlarge her on bail on she executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. She shall not tamper with the prosecution evidence directly or indirectly.
3. She shall not leave the jurisdiction of the Court without prior permission.
4. She shall mark her attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. She is directed to surrender before the Investigating Officer within 15 days from today.
Sd/- JUDGE nms