IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10120 OF 2017 BETWEEN:
SRI ANANDA @ SHASHI KUMAR V. S/O VEERABHADRAPPA AGED ABOUT 29 YEARS R/O AADUR VILLAGE, KASABA HOBLI ANEKAL TALUK BENGALURU DISTRICT – 562 906.
... PETITIONER (BY SRI K.R. KRISHNAMURTHY, ADV.) AND:
STATE OF KARNATAKA BY S.H.O. JIGANI, P.S. ANEKAL TALUK BENGALURU DISTRICT REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU – 560 001.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.261/2017 OF JIGANI POLICE STATION, PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) & JMFC, ANEKAL, BENGALURU DISTRICT FOR THE OFFENCES P/U/Ss.306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner under Section 438 Cr.P.C. seeking his release on bail in Crime No.261/2017 for the offences punishable under Section 306 r/w Section 34 of IPC.
2. The complainant is one Narayanappa, father of Mamatha and the case is registered against 1) Ananda and 2) Veerabhadrappa, who are said to be father and son respectively. It is stated that marriage was fixed between Mamatha, daughter of the complainant and the accused Ananda, who is accused No.1 in the case. Accused No.2 is the father of the petitioner – accused No.1. It is stated that the petitioner refused for marriage after the same was fixed and Mamatha got frustrated and committed suicide due to the dropping of her marriage that was scheduled to be held in Dharmasthala.
3. Learned counsel for the petitioner would submit that there was no refusal on the part of the petitioner for the marriage that was said to have been fixed preceding the intimacy between the two.
4. Learned HCGP would submit that the petitioner is not entitled for the relief sought for, as he has caused such a serious impact on the victim which was sufficient enough to compel her to commit suicide.
5. The offence instigation or abetment to commit suicide cannot be conclusively taken from the angle of the person who commits suicide or from the angle of the accused. It is such a concept that has to be observed through an independent angle. In this connection, investigation is said to be going on and the petitioner is apprehending arrest. It is just and proper to grant the relief of anticipatory bail to the petitioner.
Accordingly, the petition is allowed. Petitioner is ordered to be released on bail in the event of his arrest in Crime No.261/2017 of the respondent – Police Station for the offences punishable under Section 306 r/w Section 34 of IPC, subject to the following conditions:
i) The petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum.
ii) The petitioner shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioner shall not leave Karnataka border without the permission of the committal Court.
Sd/- JUDGE ca