IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4804/2019 AND CRL.P. NO. 4805/2019 IN CRL.P. NO. 4804/2019 BETWEEN 1. SMT. LALITHA AGED ABOUT 63 YEARS W/O VENKATARAMU R/O NO.35, 5TH CROSS BODUBANDE ANJANEYA TEMPLE ROAD SRIGANDHADANAGAR SUNKADAKATTE BENGALURU – 560 001 2. MURTHY AGED ABOUT 47 YEARS S/O VENKATARAMU R/O 3RD STAGE, 3RD BLOCK 8TH ‘A’ MAIN BASAVESWARANAGAR BENGALURU – 560 079 PRESENTLY RESIDING AT NO. 15 SRINIVASA NILAYA, 8TH BLOCK NEAR VISWESHWARAIH LAYOUT GIDADAKONENAHALLI VISHWANEEDAM BENGALURU – 560 091 3. RAJESH AGED ABOUT 42 YEARS S/O VENKATARAMU R/O NO. 22, I FLOOR 6TH CROSS, BODUBANDE ANJANEYA TEMPLE ROAD SRIGANDHADANAGAR SUNKADAKATTE VISHWANEEDAM BENGALURU – 560 091 4. SMT. MANJULA R AGED ABOUT 38 YEARS W/O MURTHY, R/O NO. 15, SRINIVASA NILAYA 8TH BLOCK, NEAR VISVESHWARAYA LAYOUT, GIDADAKONENAHALLI VISHWANEEDAM BENGALURU – 560 091 ... PETITIONERS (BY SRI. H.C. HANUMAIAH, ADVOCATE) IN CRL.P. NO. 4805/2019 BETWEEN MOHAN KUMAR AGED ABOUT 40 YEARS S/O VENKATARAMU R/O NO.35, 5TH CROSS BODUBANDE ANJANEYA TEMPLE ROAD SRIGANDHADANAGAR SUNKADAKATTE BENGALURU – 560 091 ... PETITIONER AND STATE OF KARNATAKA BY RAJAGOPALA NAGARA POLICE, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 560 001 (BY SRI. K. P. YOGANNA, HCGP) …. RESPONDENT (Common in both Petitions) CRIMINAL PETITION 4804/2019 IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.319/2019 OF RAJAGOPAL NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A AND 306 OF IPC.
CRIMINAL PETITION 4805/2019 IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.319/2019 OF RAJAGOPAL NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 498A AND 306 OF IPC.
THESE TWO CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. Criminal Petition No.4804/2019 is filed by Accused Nos.2 to 4 under Section 438 of Cr.PC. seeking Anticipatory Bail and Criminal Petition No.4804/2019 is filed by Accused No.1, who is stated to be in judicial custody, under Section 439 of Cr.PC., seeking for Regular Bail. These two petitions are arising out of Crime No. 319/2019 registered against the petitioners (Accused Nos. 1 to 5) by the respondent-Rajagopal Nagara Police, for the offences punishable under Sections 498-A and 306 of IPC, which is now pending on the file of VII Addl. CMM Court, Bengaluru.
3. The allegations made in brief are that, the deceased Swetha was given in marriage to the petitioner (A1) and they were blessed with two children. But, for the reasons best known to them, there was no compatibility between the husband and wife. It is further alleged that, since the date of marriage, the accused persons have been ill-treating and harassing the deceased and a complaint was also lodged in that regard before Rajagopal Nagar Police Station. Even thereafter, it is alleged that the accused persons have been pestering the deceased to bring money from her parents house. In that context, about a week prior to the date of incident, the deceased Swetha telephoned to her father stating that, the accused have been demanding for a sum of Rs.50,000/- and in fact the said demand was also accomplished before 16.06.2019. In spite of that, there is an allegation that, the deceased committed suicide in the house of the accused by hanging herself due to the ill-treatment and harassment meted-out to her, by the said accused persons.
4. On careful perusal of the entire allegations made in the charge sheet, it is not in dispute that, the marriage of the deceased and Accused No.1 was taken place about 13 years ago and two children have born to the said couple and in spite of that, there was no compatibility between them. There was no specific allegations regarding type of ill-treatment and harassment that was meted-out to her by the accused persons to find out whether the same is sufficient in the ordinary course to a women to commit suicide and how she tolerated the same for 13 years and after such a long time of her marriage with the accused, why the deceased has taken a drastic step of committing suicide on 16.06.2019. All these things in fact, have to be thrashed-out during the course of trial. Accused No.1 is the person who has already been arrested and has been in judicial custody since the date of his arrest. The other accused persons are said to be not living with Accused No.1, because they are all close relatives of Accused No.1 and they were also appears to have been implicated in the crime. At this stage, the court cannot draw any inference about the overt-acts of the accused persons and the same has to be established during the course of trial so as to come to a conclusion that the prosecution has established the case beyond reasonable doubt.
5. In the facts and circumstances of the case and since the offences alleged against the accused persons are not punishable either with the sentence of death or life imprisonment, the petitioners are entitled to be enlarged on bail. Hence, the following:
ORDER IN CRL.P. NO.4804/2019 The petition is allowed. The petitioners (A2 to A5) in the said petition shall be released on bail in the event of their arrest in connection with Crime No.319/2019 of Rajagopal Nagar Police Station, Bengaluru City, now pending on the file of the VII Addl. CMM Court, Bengaluru, subject to the following conditions:-
i) Each of the petitioners (A2 to A5) shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and to execute their respective personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
ii) The petitioners (A2 to A5) shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners (A2 to A5) shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.
iv) The petitioners (A2 to A5) shall not leave the jurisdiction of Bengaluru District without prior permission of the Investigating Officer, till the charge sheet is filed or for a period of three months, whichever is earlier.
IN CRL.P. NO.4805/2019 The petition is allowed. The petitioner (A1) shall be released on bail in connection with Crime No.319/2019 of Rajagopal Nagar Police Station, Bengaluru City, which is now pending on the file of VII Addl. CMM Court, Bengaluru, subject to the following conditions:-
i) The petitioner (A1) shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner (A1) shall not tamper the prosecution witnesses.
iii) The petitioner (A1) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner (A1) shall not leave the jurisdiction of Bengaluru District without prior permission of the jurisdictional Court, till the case registered against him is disposed of.
KGR* Sd/- JUDGE