IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3678/2019 BETWEEN MR. MANU @MOHAN KUMAR S/O MR.SIDDAMALLAPPA AGED ABOUT 22 YEARS, RESIDING AT UGANE VILLAGE, SALAGAME HOBLI HASSAN TALUK, HASSAN-573216 (ACCUSED IN CR NO.0094/2019 OF HASSAN RURAL P.S. HASSAN) (BY SRI SHIVAKUMAR N, ADVOCATE) AND STATE OF KARNATAKA BY HASSAN RURAL POLICE, HASSAN REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR AMBEDKAR VEEDHI ... PETITIONER BANGALORE-560 001 ... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRL.P IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.94/2019 OF HASSAN RURAL POLICE STATION, HASSAN FOR THE OFFENCE P/U/S.306 OF IPC.
THIS CRL.P. 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 and perused the records.
2. The respondent-police have registered a case against the petitioner in Cr.No.94/2019 of Hassan Rural Police Station for the offence punishable under Section 306 of IPC. The allegations are that the father of the victim by name Chandrashekara of Agalahalli village had lodged a complaint stating that the accused/petitioner pretended to love his daughter, aged about 19 years studying in II year B.Com, and assured to marry her but thereafter has cheated her and for that reason, the said girl got frustrated in life and on 12.05.2019 at about 8.00 a.m. in the morning, she committed suicide by consuming poison in the house of the complainant; she was taken to Government hospital, Hassan, but at 9.30 a.m. she died in the hospital.
3. On these allegations, the police are investigating the matter. There are no detailed information in the First Information Report whether both were loving each other or whether it was a unilateral love and further there is no material to show whether there was any incident took place before the death of the deceased. All these information have to be ascertained by the Investigating Officer during the course of full fledged trial.
4. Looking to the above said facts of the case, as the aforesaid offence is not punishable either with death or life imprisonment and with the condition to assist the IO as and when called for, the petition deserves to be allowed. Hence, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.94/2019 of Hassan Rural 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 he shall execute a personal bond for a sum of Rs. 50,000/- 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 he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Hassan District without prior permission of the Court, 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 15 days ie, on any 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.
Sd/- JUDGE TL