IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1401/2019 BETWEEN:
S.K.Nandagopal, S/o.Late S.G.K. Setty, Aged about 57 years, R/at No.3, 2nd Floor, Raj Divya Apartment, Coffee Board Layout, Hebbal, Kempapura, Bengaluru-560 024. ...PETITIONER (By Sri. Javeed S., Adv.) AND:
State of Karnataka, By Devanahalli Police Station, Devanahalli Town, Devanahalli, Bengaluru Rural District, Rept. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ...RESPONDENT (By Sri.M. Divakar Maddur, HCGP) This Criminal Petition 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.09/2019 registered by Devanahalli Police Station, Bengaluru for the offence p/u/s. 306 of IPC, pending before the Civil Judge & JMFC Court, Devanahalli Town, Bengaluru Rural District.
This Criminal Petition coming on for Orders along with I.A.1/2019 this day, the Court made the following:
O R D E R This petition has been filed by the petitioner – accused No.5 under S.438 Cr.P.C. to release him on anticipatory bail in Crime No.9/2019 of Devenahalli Police Station, Bengaluru Rural District, for the offence punishable under S.306 of IPC.
2. I have heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State.
3. The gist of the complaint is that the husband of the complainant was doing business and has taken huge amount for interest from accused Nos.1 to 4 and the accused persons were pressurizing the deceased for repayment of said amount. Because of the said torture committed on the deceased, on 29.01.2019 at about 4.00 p.m. the husband of the complainant consumed poison and on 30.01.2019 at about 10.00 p.m. in the night, died at Manasa hospital. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner - accused that the accused - petitioner is innocent and he has not involved in the alleged crime. Even though the amount has been taken from the accused - petitioner, there is no specific allegations that the petitioner - accused insisted for repayment of the said amount. It is one Smt. Savithramma, Smt. Sujatha, Sri Kumar and Smt. Vimala i.e. accused Nos.1 to 4 were ill- treating and harassing the deceased and because of such ill-treatment and mental torture the deceased consumed poison and died on 30.01.2019.
5. Learned counsel further submitted that the petitioner - accused has not abetted the deceased to commit suicide. There is no incriminating material as against the petitioner - accused. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to abide by the conditions that may be imposed and to give sureties. On these grounds, he prayed to allow the petition.
6. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused along with other accused persons used to insist for repayment of the loan amount and because of ill-treatment and harassment caused, deceased has consumed poison and died on 31.01.2019. There is ample material to show that the accused - petitioner is also involved in the alleged crime. The accused - petitioner is absconding and did not appear before the Investigation Officer. If the petitioner is enlarged on bail, he may tamper the prosecution witnesses and may not be available for investigation. On these grounds he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and considered the submissions made by learned counsel for the parties and perused the record.
8. As could be seen from the contents of the complaint, though it is contended in the complaint that an amount of Rs.60,00,000/- has been taken from the accused – petitioner but the subsequent statement in the complaint indicates that it is accused Nos.1 to 4 i.e., Smt. Savithramma, Smt. Sujatha, Sri Kumar and Smt. Vimala used to ill-treat and harass the deceased. Because of the said ill-treatment and mental torture, the deceased committed suicide by consuming poison. No specific overt act or participation of the petitioner has been stated in the complaint.
9. By looking into the contents of the complaint, prima facie, there are no ingredients to attract the provision of Section 306 of IPC as against the petitioner – accused No.5. Under the said facts and circumstances, I feel that by imposing some stringent conditions if petitioner – accused No.5 is ordered to be released on anticipatory bail, it would meet the ends of justice.
In that light, petition is allowed and petitioner – accused No.5 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.9/2019 of Devanahalli Police Station, for the offence punishable under Section 306 of IPC with the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the like sum to the satisfaction of the Investigating Officer.
(ii) Petitioner shall surrender before the I.O. within fifteen days from today. He shall appear before the I.O. as and when required.
(iii) Petitioner shall not tamper prosecution evidence in any manner.
(iv) Petitioner shall mark his attendance once in every fifteen days before the jurisdictional police till charge-sheet is filed.
(v) Petitioner shall not leave the jurisdictional court without prior permission.
In view of the final disposal of the matter, I.A.1/2019 does not survive for consideration.
Sd/- JUDGE sac*