IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2018 OF 2019 BETWEEN:
MR.MANJUNATHA B.M. S/O MUNAIAH AGED ABOUT 31 YEARS RESIDING AT NO.241 HANUMANTHANAGARA II CROSS KOTHANURU POST, BELESHIVALE BENGALURU–560 077 ...PETITIONER (BY SRI.B.A.BELLIAPPA, ADVOCATE) AND:
STATE BY HENNUR POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS HIGH COURT OF KARNATAKA BENGALURU–560 001 …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.73/2018 REGISTERED BY HENNUR POLICE STATION, BENGALURU FOR THE OFFENCES P/U/Ss.363, 342, 306 AND 376 OF IPC AND SECTIONS 4 AND 8 OF POCSO ACT. THE XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BENGALURU HAS REJECTED THE BAIL PETITION ON 22.02.2019 IN CRL.MISC.NO.25172/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail in Crime No.73/2018 of Hennur Police Station for an offence punishable under Section 306 of IPC.
2. I have heard learned counsel for the petitioner, learned High Court Government Pleader for respondent-State and perused the records.
3. A lady by name Smt.Lalitha, lodged a complaint stating that her husband Muraliraj was an accused in a case under POCSO Act, registered in the year 2016. When he had been to the Court on 02.03.2018 to attend that case, the accused, who was present there demanded an amount of `10 lakhs for the purpose of withdrawing the case, otherwise he threatened the said Muraliraj that again he would send him to jail. On the basis of this threat as the said person Muraliraj has already been in jail, he was frustrated in life due to the threat given by the petitioner on 12.03.2018, he committed suicide by hanging himself in the house.
4. On the above said allegations, the police have registered a case for an offence under Section 306 of IPC.
5. During the course of trial, the Court has to examine whether under what intention the accused has given threat has to be considered or whether he has got any intention to drive the deceased to commit suicide, he has given threat is a matter of fact, which is to be proved during the course of the trial beyond reasonable doubt.
6. Under the above said circumstances, mere fact of nexus at this stage cannot be considered as investigation or abetment to consider suicide by the deceased. Therefore, under the above said circumstances, the petitioner in my opinion is entitled to be enlarged on bail. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.672/2019 on the file of City Civil Court, Mayo Hall at Bengaluru City (CCH-58) [Crime No.73/2018 of Hennur Police Station] for an offence punishable under Section 306 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `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 with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 till the case registered against him is disposed of.
Sd/-
JUDGE cp*