IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5452/2019 BETWEEN:
Manu @ Chowdesh M S/o Mariyaiah Aged about 40 years R/at No.35/2, 3rd Main Road 2nd Colony, Bapujinagar Mysore Road, Bengaluru – 560 026. …Petitioner (By Sri Lakshmikanth K, Advocate) AND:
State of Karnataka by K.P. Agrahara Police Station Bengaluru.
Rep. by its Public Prosecutor High Court Building Bangalore – 01. …Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.111/2019 of Kempapura Agrahara P.S., Bengaluru City for the offence punishable under Section 306 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Petitioner is arraigned as accused No.3 and 4 in crime No.111/2019 of respondent-police, pending on the file of XLIV Additional CMM Court, Bengaluru, for the offence punisahble under Section 306 read with Section 34 of IPC.
2. The factual matrix of the case as divulged in FIR is that the deceased by name Madhu was having the illicit relationship with accused No.5 Smt. Kumari and it appears that accused No.1 Ravi also had relationship the said lady. Inspite of the best efforts by the complainant, Smt. Rathnamma, the mother of the deceased, he did not leave the relationship with Kumari. In this context, it is alleged that the husband of Kumari, committed suicide after coming to know about the relationship. In this background, since four years, the deceased was residing away from the house and he was not visiting the house of the complainant. It is stated that on 1.6.2019, the dead body of the deceased was found in the house in which he was living and he committed suicide leaving the Whatsapp message in his mobile showing the telephone numbers of the petitioner and others stating that they are responsible for his death. He has also torn some pieces of papers in the house. The police in fact have nabbed accused Nos.1 and 5 i.e., Ravi and Kumari, who were also having the illicit intimacy with each other. In their statement, they have not implicated the petitioner-accused in any manner except the Whats-app message. It appears that there is nothing on record to implicate the petitioner- accused. Even accepting the message itself as it is, it is only stated therein that the petitioner is responsible for the death of the deceased. The reasons for the commission of the suicide and the acts committed by the petitioner in order to make the deceased to commit suicide, are not forthcoming in any of the police papers.
3. Looking to the above said facts and circumstances of the case, merely because the phone numbers have been found in the Whatsapp message, that itself is not sufficient for this Court to come to the conclusion that the petitioner has committed the offence. In the above said circumstances, the petitioner has made out a ground to be enlarged on bail. Further added to that, accused Nos.1 and 5 have already been released on bail by the Sessions Court itself particularly accused No.5 is released in Crl.Misc. No.5414/2019. In my opinion, the petitioner herein who also stands on the same footing as that of the other accused persons, is also entitled to be released on bail.
4. Hence, the following:
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.111/2019 of the Kempapura Agrahara Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner 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 petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Cs Ct:sm Sd/- JUDGE