IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.4705/2019 BETWEEN:
1. SMT. SHOBHA, W/O B.R.SHASHIDAR, AGED ABOUT 34 YEARS, 2. SRI.B.R.SHASHIDAR, S/O B.R.RAMEGOWDA, AGED ABOUT 46 YEARS, BOTH ARE R/AT NO.155, 12TH MAIN, 3RD CROSS, MEC COLONY, GANAPATHINAGARA, PEENYA SMALL INDUSTRIES, BENGALURU NORTH, BENGALURU – 560 053.
(BY SRI.C.R.VENKATESH, ADVOCATE) AND:
…PETITIONERS STATE OF KARNATAKA, BY SHO BY RAJAGOPALA NAGAR POLICE STATION, BENGALURU. REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BENGALURU – 560 001. …RESPONDENT (BY SRI.K.P.YOGANNA, 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.291/2019 OF RAJGOPAL NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 306 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard and perused the records 2. The brief facts of the case are that:
The deceased Latha who is none other than the sister of the complainant and petitioner No.1 had been residing along with the petitioners in their house. It is alleged that the petitioner No.1 on the instigation of his wife i.e. petitioner No.2 was ill-treating and harassing the said lady and asking her to leave his house. In this context, it is alleged that on 2.6.2019 in the morning at about 7.20 A.M. the said lady has committed suicide by hanging herself. In fact, it is alleged in the complaint that the petitioner themselves had taken the deceased to the hospital and subjected the body for post mortem examination. Learned HCGP submits that the deceased died due to hanging. The police on the basis of the above said complaint received by the sister of the deceased registered a case against petitioners for the offences punishable under Section 306 read with Section 34 of IPC.
3. The complaint is not clear as to for what reasons the petitioners were demanding the deceased to go out of their house. Whether it was intentionally done to drive her to commit suicide or not is the question of fact that has to be established during the course of trial. At this stage, when it is shown that the deceased and the petitioners were residing together; there was no unpleasant incident taken place in the house of the petitioner; the deceased being the sister of petitioner No.1 and the petitioners themselves having taken the deceased to hospital and subjected the dead body for post mortem examination, I am of the opinion that the facts and circumstances are sufficient to enlarge the petitioner on bail as prayed for.
4. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.291/2019 of Rajagopal Nagar Police Station, Bengaluru, on following conditions:-
i)The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/-(Rupes Fifty Thousand) only with one surety for the like-sum to the satisfaction of the concerned Investigating Officer..
ii)The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii)The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv)The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE *alb/-.