IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4726 OF 2019 BETWEEN:
Mr.MANJU NAYAK, S/O MUNI NAYAK, AGED ABOUT 28 YEARS, RESIDING AT NO.40, 3RD CROSS, HEGGANAHALLI, MADURAMMA LAYOUT, NEAR K.T.G SCHOOL, SUNKADAKATTE, BENGALURU – 560 091. ...PETITIONER (By Sri VEERANNA.G.TIGADI, ADVOCATE FOR SRI SHIVAPRASAD.S., ADVOCATE) AND:
THE STATE OF KARNATAKA BY HANUMANTHANAGAR POLICE STATION, BENGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ...RESPONDENT (SRI ROHITH.B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.96/2019 OF HANUMANTHANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC, 1860.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned HCGP for the Respondent-State. Perused the records.
2. The petitioner is the sole accused charge- sheeted for the offence under Section 306 of I.P.C. in C.C.No.15472/2019 which was later culminated into S.C.No.1064 of 2019 pending on the file of the Principal City Civil and Sessions Judge, Bengaluru. The charge- sheet papers and allegations disclose that the victim who was earlier had some love affair with the petitioner, subsequently for various reasons, their love affair disrupted and thereafter, the petitioner married some other girl and he is living with her along with their child. The deceased girl was also engaged with some other boy. But it is the allegation that even after the marriage of the petitioner and the deceased being engaged with some other boy, the petitioner has not desisted from ill-treating or harassing the deceased lady in order to continue the relationship with her. Therefore, in this background, she committed suicide on 24.05.2019 by hanging herself in the P.G. room in which she was residing. The prosecution mainly relied upon the death notes alleged to have been left by the deceased. On careful perusal of the death notes also, there are various divergent expressions made by the deceased. The death notes were sent to Forensic Science Laboratory. But the result is awaited. In the documents produced before the Court alleged to be the death notes disclose that the deceased had earlier stated that nobody is responsible for her death and thereafter, some improvements are made by stating that some boy has been ill-treating and harassing her and further, subsequently the name of this petitioner is also mentioned in the subsequent death notes and it is only stated in Article No.3, i.e., marked in charge-sheet. It is alleged to be the death note wherein she has stated that even after the marriage, the petitioner did not leave this lady but he continued to ill-treat and harass her. In view of the divergent expressions made by the deceased and also the opinion of the FSL expert is awaited and further what type of ill-treatment and harassment is not being specifically stated even in the death note. Even if it is accepted as it is at this stage, in my opinion, the said factum has to be examined by the Trial Court during the course of full–fledged trial in order to draw an inference that the said ill-treatment or harassment was sufficient to drive a woman to commit suicide.
3. The petitioner has already been arrested on 28.05.2019 and since then, he has been in judicial custody. The intention of the petitioner plays a very important role here. Even if there is any ill-treatment or harassment, whether it was for some sexual favours from that girl or for what purpose the petitioner was pestering the deceased girl which drove her to commit suicide is the factum that has to be examined by the Trial Court by full-fledged trial. In my opinion, the offence is neither punishable with death nor imprisonment for life. Hence, the petitioner is entitled to be enlarged on bail. Accordingly, I pass the following:
ORDER Petition is allowed. Consequently, the petitioner/accused shall be released on bail in S.C.No.1064/2019 arising out of Cr.No.96/2019 pending on the file of the Principal City Civil and Sessions Judge, Bengaluru for the offence punishable under Section 306 of IPC subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of R.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Ordered accordingly.
Sd/- JUDGE DH