IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2382/2019 BETWEEN:
LAKSHMAN S/O LATE YOGANNA AGED ABOUT 27 YEARS R/AT D.NO.14/22 CHIKKABESTHAGERE GANJAM SRIRANGAPATTANA TALUK MANDYA DISTRICT – 578 201.
... PETITIONER (BY SRI BASAVARAJ S. SAPPANNAVAR, ADVOCATE) AND:
SRIRANGAPATTANA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.
…RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO GRANT THE ANTICIPATORY BAIL IN FAVOUR OF THE PETITIONER/ACCUSED DIRECTING THE RESPONDENT POLICE I.E., SRIRANGAPATTANA POLICE STATION, SRIRANGAPATTANA TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN THE EVENT OF HIS ARREST IN SRIRANGAPATTANA PS CRIME NO.45/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. A lady by name Geetha W/o Late Kumar of Marigudi Road, Ganjam in Srirangapatna Town, lodged a complaint stating that she had a daughter by name Anu and it is alleged that the petitioner Lakshmana appears to have fell in love with her and he was always troubling and harassing her daughter forcing her to love him, etc. In this context, about four years ago, a complaint was lodged against him and police have advised him not to continue such activities, inspite of that, he continued the same. The people, who were residents of the said area also advised this petitioner not to continue such activities, even inspite of that, he continued the same. Being frustrated in life, the daughter of the complainant committed suicide by hanging herself in the house of the complainant. On the above said allegations, the police have registered a case and investigated the matter.
3. Looking to the above said facts and circumstances of the case, the reason for troubling and harassing is for the purpose of demanding her to marry him and love him and it is very difficult at this stage to draw any inference whether he had any intention to drive her to commit suicide because this was happening since four years. Looking to the above said facts and circumstances of the case, the prosecution has to prove beyond reasonable doubt the intention of the accused whether he really intended to drive her to commit suicide, because of which he has done all these things.
4. In the above said facts and circumstances, the petitioner is entitled to be enlarged on bail with stringent conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.45/2019 of Srirangapatna Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE ca