IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8702/2018 Between:
Omkar K.N., Son of Nagendra, Aged about 33 years, Residing at Lohith Nagar, Kasaba Hobli, Nelamangala Taluk, Bengaluru – 562 123. ...Petitioner (By Sri.K.C.E. Manjunath, Advocate for Sri. C.Sharada, Advocate) And:
The State of Karnataka, By Nelamangala Town Police, Nelamangala, Bengaluru District. Represented by its State Public Prosecutor, High Court Complex, Bangalore – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.243/2018 of Nelamangala Town P.S., Bangalore district for the offence punishable under Section 306 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. to release him on bail in Crime No.243/2018 of Nelamangala Town Police Station 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. Gist of the complaint is that the deceased was married to the accused/petitioner 15 years back and out of marriage, she gave birth to two sons thereafter, accused got addicted to alcohol, used to abuse, assault the deceased and he never brought anything to the family. In this regard, the panchayath was conducted and accused was also advised to mend his behaviour. But inspite of advice accused did not mend his behaviour and as such, the deceased was going for job and she used to look after the family. It is further alleged that the accused was doing the job of driver and was behaving similarly even after the panchayath. When the complainant and the children of the accused had gone to their native for festival, on the same day at about 9.00 p.m., the sister of the accused called him over the phone and told that the deceased had hung herself and immediately, they came to Nelamangala and enquired with the accused, he told that he had gone out of the house around 8.00 a.m., and he came back home at 1.00 p.m., by then his wife had hung herself. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner that there was no material as against the accused/petitioner to show that it is a case of abetment; because of abetment caused by the accused, deceased committed suicide. The only allegation is that he was not looking after the family and he was not bringing anything to the family and he was addicted to alcohol, except this allegation, nothing is there to show that the accused harassed the deceased to commit suicide. He further submitted that the petitioner/accused is ready to abide by any 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 because of the bad behaviour of the accused towards his family and even in the panchayath held he was advised to look after his family and although a complaint was registered against him, he did not mend his behaviour. Because of the harassment caused by the accused, the deceased committed suicide by hanging herself. There is ample material to show that the accused is responsible for the death of the deceased. 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 have been produced along with the petition.
7. As could be seen from the contents of the complaint and other materials, the only allegation that has been made is, the accused used to drink and abuse the deceased and also used to assault her and even after the panchayath was held and he was advised to mend his behaviour, he never brought anything to the family. Except the said allegation, there is nothing to show that because of abetment of the accused, the deceased committed suicide. Even as could be seen from the contents of the complaint, on the day the deceased committed suicide, the accused was not there at home and he came at about 1.00 p.m., by then his wife had committed suicide by hanging herself. The material which has been produced does not make out prima-facie case as against the accused. Under such circumstances, I feel that by imposing stringent conditions if the petitioner/accused is ordered to be released on bail, it would meet the ends of justice.
8. In the light of the discussion held by me above, the petition is allowed and petitioner/accused is ordered to be released on bail in Crime No.243/2018 of Nelamangala Town Police Station for the offence punishable under Section 306 of IPC subject to the following conditions:
1. He 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 be regular in attending the Court.
3. He shall not indulge in similar type of criminal activities.
4. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE SMJ