IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2226/2019 BETWEEN:
Manja @ Manju @ Manjunatha G.R S/o Ramakrishna, Aged about 22 years, R/at Huruli Gananganahalli Village, K.R.Pet Taluk, Mandya District-560 068. ...Petitioner (By Smt. Raksha Keerthana.K, Advocate for Sri Kemparaju, Advocate) AND:
The State of Karnataka by K.R.Pet Town Police Station, Rept. by its Public Prosecutor, High Court Complex, Bengaluru-560 001. ...Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.301/2018 of K.R.Pet Town Police Station, Mandya for the offence punishable under Section 306 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 petitioner-accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.301/2018 of K.R.Pet Town Police Station, Mandya for the offence punishable under Section 306 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case are that the deceased-daughter of the complainant discontinued her studies and was residing with him. The petitioner- accused eloped complainant’s daughter and committed rape on her. In this behalf, a complaint was registered on 19.09.2017 in Crime No.326/2017. It is further alleged in the complaint that the petitioner-accused was pressurizing the complainant and his deceased daughter to withdraw the case. Due to ill-treatment harassment and pressure, on 05.12.2017, the deceased committed suicide by jumping into the pond. It is further stated that after death of the deceased, the people were teasing the complainant that they have not taken any action against the petitioner-accused, though their daughter was raped and due to that, a complaint was filed by the complainant.
4. It is the submission of learned counsel for the petitioner that the petitioner-accused is nowhere concerned to the alleged crime, neither the petitioner instigated nor he has pressurized to withdraw the case. There are no allegations against the petitioner for ill- treatment or harassment made by him to the deceased or her family. The complaint is registered eight months after the alleged incident, there is inordinate delay in filing the complaint. The complaint is also registered only at the instigation of other persons. It is further alleged that the offences are not punishable with death or imprisonment for life. The petitioner-accused is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the petitioner-accused eloped the deceased and committed rape on her, a criminal case has been registered in this behalf on 19.09.2019. Subsequently, the petitioner used to insist the deceased and her mother to withdraw the said complaint. Due to ill-treatment and harassment made by the petitioner, she committed suicide by jumping into pond on 05.12.2017. Even the complaint also explains the reasons for delay in filing of the complaint. 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 along with the petition and submissions made by learned counsel for both the parties.
7. On close reading of the contents of the complaint it reveal that the deceased committed suicide by jumping into pond on 05.12.2017. The complaint is registered on 29.08.2018. There is inordinate delay in filing of the complaint. Even the last paragraph of the complaint itself clearly goes to show that they were in pain of their daughter’s death, but at that time, some persons teased by saying that though the petitioner- accused had raped her, no action has been taken against him, due to instigation by other persons, the complaint is registered against the petitioner. If the deceased died due to ill-treatment and harassment and pressurizing the deceased by the petitioner-accused to withdraw the complaint, then under such circumstances, the complainant ought to have filed the complaint immediately after his daughter’s death, that itself creates doubt in the case. The alleged offence is not punishable with death or imprisonment for life. I feel that by imposing some stringent conditions, if the petitioner-accused is released on bail, then it is going to meet the ends of justice.
Taking into consideration the above facts and circumstances of the case, criminal petition is allowed. Petitioner-accused is ordered to be enlarged on bail in Crime No.301/2018 of K.R.Pet Town Police Station, Mandya for the offence punishable under Section 306 of IPC, subject to the following conditions:
1. Petitioner-accused 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 trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the charge sheet is filed.
4. He shall not tamper with the prosecution evidence directly or indirectly.
Sd/- JUDGE RB