IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2005 OF 2019 BETWEEN SMT. SAVITHRAMMA C., W/O. LATE VENKATASWAMY, AGED ABOUT 52 YEARS, GOVERNMENT EMPLOYEE, WORKING KEB, K.R. PURAM, RESIDING AT No.D2/2, KEB QUARTERS, 220 KV, RECEIVING STATION, HOODI, MAHADEVAPURA, BANGALORE – 560 048.
(BY SRI P.N. HEGDE, ADVOCATE) AND STATE BY DEVANAHALLI POLICE STATION, ... PETITIONER REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
... RESPONDENT (BY SRI NASARULLA KHAN, H.C.G.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.9/2019 OF DEVANAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 438 of Code of Criminal Procedure for granting of anticipatory bail.
2. The petitioner is accused No.3 in Crime No.09/2019 of Devanahalli Town Police pending on the file of Court of Civil Judge & JMFC, Devanahalli, Bengaluru Rural District for the offence punishable under Section 306 of IPC.
3. The allegation against the petitioner is that the complainant-Smt. Renuka wife of the deceased-late Krishnamurthy lodged the complaint to the police alleging that this petitioner and other accused were said to be harassing the deceased and they were torturing her husband for payment of interest of refund principle amount, due to which her husband consumed poison on 29.01.2019 at 4 p.m. and died on 30.01.2019 at 10 p.m. when he was admitted in the Manasa Nursing Home. After registering the case, the Police filed the charge sheet against the petitioner and others for the offence punishable under Section 306 of IPC. The petitioners are apprehending their arrest in the hands of the Police for having committed non-bailable offence. Hence, this petition.
4. The learned counsel for the petitioner contended that the accused is financially very poor and she has no money to lend to the deceased as alleged in the complaint, the deceased could have committed suicide for some other reasons. The wife of the deceased has made false complaint against the petitioner. Hence, praying for granting bail.
5. The learned High Court Government Pleader argued that there is sufficient material placed against the accused for the commission of offence and from the date of registering the case, they are absconding. They are required for the purpose of investigation. Hence, prayed for dismissing the petition.
6. Upon hearing the arguments and averments in the complaint goes to show that the petitioner is said to be lent loan to the deceased where the deceased has borrowed loan and spent towards the business and suffered huge loss not able to repay the loan, due to which he has committed suicide, though the alleged offence under Section 306 of IPC is non bailable but not exclusively punishable with imprisonment for life or death.
7. Therefore, considering the facts and circumstances of the case without expressing opinion of the merits of the case, I hold that there is sufficient material placed on record to grant anticipatory bail, thereby imposing stringent condition, if the petition is allowed no prejudice would cause to the prosecution case.
Accordingly, the Petition is allowed.
The respondent-Police is directed to release the petitioner-accused No.3 on bail in the event of her arrest for the offence punishable under Section 306 of IPC read with Section 34 of IPC., registered by the respondent- Police in Crime No.09/2019 subject to the following conditions:
i) The petitioner-accused No.3 is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with a surety for the like sum to the satisfaction of the Investigating Officer or Committal Court.
ii) Petitioner shall not indulge in similar offences strictly;
iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court and v) Petitioner shall mark her attendance before the Investigating Officer between 10.00 a.m. and 4.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
vi) Petitioner is deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act.
Sd/- JUDGE GBB