IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7287/2019 BETWEEN 1. RAMESH S/O ANJINAPPA AGED ABOUT 23 YEARS 2. RAVI KUMAR S/O MANJUNATH AGED ABOUT 28 YEARS BOTH ARE RESIDING AT: GOVINDARAJAPURA VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU ... PETITIONERS (BY SRI. PRASANNA KUMAR P. DAROJI, ADVOCATE) AND STATE OF KARNATAKA BY THE MADANAYAKANAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.238/2019 OF MADANAYAKANAHALLY POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss 143, 147, 323, 306 R/W SEC.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent–State. Perused the records.
2. Petitioners are arraigned as Accused Nos.1 & 7 in Crime No.238/2019 of Madanayakanahalli P.S., Nelamangala Sub-Division, Bengaluru District, for the offence punishable under Sections 143, 147, 323, 306 r/w 149 of IPC, now pending before the court of Additional Civil Judge (Senior Division) and CJM, Nelamangala, Bengaluru Rural District.
3. The brief facts of the case are that, the complainant- Hamumantharaju, resident of Shyakala Devanapura Village, Madhure Hobli, Doddaballapura Taluk, has lodged a complaint on 27.05.2019 stating that, his daughter by name Shobha was given in marriage to one Narasimhamurthy, son of Khadrappa resident of Govindapura. The said couple viz., Shobha and Narasimhamurthy were blessed with a child and she became pregnant for the second time. It is alleged that, one Anjinappa and his family members are residing adjacent to the house of the complainant- Hanumantharaju. The 1st petitioner-Ramesh is the son of said Anjinappa. There was a long standing dispute and ill-will between the family of Anjinappa and Narasimhamurthy and Anjinappa and his family members and they were not in talking terms. In that context, it is alleged that, the family members of Anjinappa suspected that the deceased Shobha had developed an intimacy with his son Ramesh and in this context, they were often abusing the deceased and in furtherance of their suspicion, on 25.07.2019 at 1.30 p.m., the family members of Anjinappa questioned the said Shoba as to what is the relationship between her and the 1st petitioner-Ramesh, abused her and assaulted her. Therefore, being frustrated by the attitude of the family members of Anjinappa, it is alleged that, on the same day ie., 25.07.2019 at about 4.00 pm., the said Shoba committed suicide by consuming poison, in her matrimonial home.
4. The above said facts and circumstances clearly disclose that there was long standing ill-will and hatredness between two families. At this stage it is not clear, whether the family members of Anjinappa are really intended to drive the deceased to commit suicide or the death of the deceased was due to mere quarrels between two families and since how long there was ill- will and hatredness remained between the said two families, and whether mere quarrels or using of the abusive words are sufficient to drive a woman to commit suicide. Therefore, all these aspects have to be thrashed-out during the course of full dressed trial Whether mere quarrel or using of the abusive words are sufficient to drive a woman to commit suicide, is also a factor that has to be established during the trial.
5. In the above facts and circumstances of the case, the alleged offences are not being punishable either with the sentence of death or imprisonment for life. As per the submission of the learned counsel for the petitioners, the petitioners were arrested in connection with the said case and they have been in judicial custody. Therefore, in my opinion, the petitioners are not required for any further investigation. As could be seen from the records, the charge sheet has already been filed. Hence, the petitioners are entitled to be enlarged on bail. Accordingly, I pass the following:-
ORDER The Petition is allowed. Consequently, the petitioners (A1 & A7) shall be released on bail in connection with Crime No.238/2019 of respondent- Madanayakanahalli Police Station, Nelamangala Sub- division, for the aforesaid offences, now pending before the Court of Addl. Civil Judge and JMFC, Nelamangala, subject to the following conditions:
(i) Each of the petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
KGR* Sd/-
JUDGE