IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9751/2018 BETWEEN:
1. SMT.MANASA W/O. LATE ADARSH AGED ABOUT 31 YEARS 2. H.D.CHIKKIREGOWDA @ PUTTARAJU S/O. DODDIREGOWDA AGED ABOUT 59 YEARS 3. SMT.CHANDRAKALA W/O. H.D.CHIKKIREGOWDA @ PUTTARAJU AGED 44 YEARS PETITIONERS 1 TO 3 ARE R/AT HOSURU VILLAGE KASABA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571438 4. PURUSHOTHAMA K.R. S/O. RAMAKRISHNAIAH AGED ABOUT 42 YEARS R/AT 226, KAMANAKERE HUNDI VILLAGE KASABA HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 438 ...PETITIONERS (BY SRI.A.H.BHAGAVAN, ADVOCATE (ABSENT)) AND:
THE STATE OF KARNATAKA BY SRIRANGAPATNA RURAL POLICE MANDYA DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560001 (BY SRI. K.P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.340/2018 OF SRIRANGAPATNA RURAL POLICE STATION, MANDYA FOR THE OFFENCE P/U/S 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 the petitioners/accused Nos.1 to 4 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.340/2018 of Srirangapatna Rural Police Station, for the offence punishable under Section 306 read with 34 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioners is not present.
3. The gist of the complaint is that:
The mother of the deceased after having finishing her work, when she returned home, some people have gathered near her home and she came to know that her son has committed suicide at about 05:00 p.m. on 24.11.2018. In the complaint, it is alleged that the relationship between her son and daughter-in- law/accused No.1 was strained and her son was not being looked after well on his visit to the home of accused No.1 (wife of the deceased). It is further alleged that about four months back her son had met with an accident and his wife-accused No.1 and her family members had not taken care of him and at that time, the first petitioner had sent a message to the complainant’s son stating therein that ‘the God has done good job to him’, and further, she has changed her name as Manasa from Manasa Adarsh. The deceased being annoyed and disgusted by the acts and deeds of accused No.1 (wife of the deceased), committed suicide by leaving a death note. On the basis of the said complaint, a case has been registered.
4. It is contended by the learned counsel for the petitioner in his petition that the ingredients of Section 306 of IPC are not attracted since there is no abetment or instigation to the deceased by any of the accused persons to commit suicide. The said death note is subsequently created only to implicate petitioners/accused Nos.1 to 4 in the said crime. The alleged offences are not punishable with death or imprisonment for life. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the deceased - Adarsha has left a death note and in the death note it has been stated that when he was in Coma, petitioner No.1 had come there and has stated that ‘God has done right thing to him’. Being disgusted by the said words, the deceased has committed suicide and there are ample materials to connect the petitioners to the alleged crime. He further submits that if petitioners/accused Nos.1 to 4 are enlarged on bail, they may abscond and may not be available for interrogation and investigation and also they may tamper with the prosecution witnesses. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf and also considered the submissions made by learned High Court Government Pleader for respondent-State.
7. A plain reading of the contents of the complaint and the death note discloses that about four months back prior to the alleged incident, the deceased met with an accident and he went to Coma, at that time accused No.1 did not take care of the deceased and further at the same time accused No.1 sent a whats-app message stating therein that ‘God has done right thing to you’ and due to which the deceased annoyed, disgusted and committed suicide. Be that as it may, the alleged incident has taken place about four months back. Thereafter, the deceased committed suicide on 24.11.2018 and there is no nexus between the words used in whats-app message sent so as to attract Section 306 of IPC and there is no humiliation or instigation specifically made by accused persons which leads the deceased to commit suicide. Under these facts and circumstances of the case, I feel if by imposing stringent conditions, petitioners/accused Nos.1 to 4 are ordered to be enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussion made above, petition is allowed and the petitioners/accused Nos.1 to 4 are ordered to be released on anticipatory bail, in the event of their arrest in Crime No.340/2018 of Srirangapatna Rural Police Station for the offences punishable under Section 306 read with 34 of IPC, subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties each for the likesum to the satisfaction of the Investigation Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the charge sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall available for investigation and interrogation.
Sd/- JUDGE HJ