IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4626 OF 2019 BETWEEN SRI BALAJI S/O LATE MUNIYAPPA AGED ABOUT 35 YEARS R/AT NO.102, VINAYAKANAGARA ANEKAL TOWN, ANEKAL TALUK – 562 106 BANGALORE RURAL DISTRICT …PETITIONER (BY MS. VEENA C.G., ADVOCATE) AND STATE OF KARNATAKA BY SHO PUTTENAHALLI P.S. BANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL CR.NO.31/2019 (C.C.NO.10495/2019) OF PUTTENAHALLI P.S., BANGALORE FOR THE OFFENCE P/U/S 498A, 306, 511 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent - State. Perused the entire charge sheet papers.
2. Police have laid charge sheet against the petitioner in C.C.No.10495/2019 for the offence punishable under Section 306 of IPC and the same is now culminated into S.C.No.895/2019 pending on the file of CCH-72, Bengaluru.
3. The allegations are that, the deceased Radha is no other than the wife of the petitioner and their marriage took place in the year 2006 at Anekal and thereafter they were blessed with two children. However, the accused started suspecting the deceased that she had illicit intimacy with some other persons and used to abuse her when he comes to house by consuming alcohol. When the matter reached the climax, about three years prior to the incident, husband and wife got separated and in fact, petitioner was residing separately along with children.
4. It is alleged that on 15.2.2019, two persons came to the house of the said lady and they questioned the conduct and fidelity of the said lady saying that her husband has told them that she had got some illicit intimacy with some other persons. On hearing that, she got frustrated in life and committed suicide by pouring kerosene on herself and litting fire. On these allegations, the Police have investigated the matter and submitted the charge sheet.
5. The nature of allegations and the facts of the case disclose that since three years prior to the incident, the husband and wife were living separately and the incident actually not happened in the house of the accused and it is also not stated soon before her death, the accused had gone to her house and caused any inconvenience to her. It is on the basis of some two persons questioned her on the allegation that they received the information from the petitioner about the conduct of the deceased, she was frustrated and committed suicide. The intention of the petitioner as well as the conduct of the deceased has to be thrashed out during the course of full-dressed trial that whether there was any such ill-treatment or harassment by the petitioner, which drove the deceased to commit suicide.
6. Under the above said circumstance, since the petitioner has already been arrested, investigation has already been completed and the case has already been registered before the Sessions Court, I am of the opinion that the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.31/2019 of Puttenahalli Police Station, Bengaluru City, pending in S.C.No.895/2019 on the file of CCH-72, Bengaluru, registered for the offences punishable under Sections 498A, 306 and 511 of IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond 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 petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
KNM/-
Sd/- JUDGE