IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6706/2019 BETWEEN SRI. BHEEMANNA AGED 36 YEARS S/O. MALLAPPA VERSHETTE GOVERNMENT SERVANT WORKING IN BMTC, JAYANAGAR AS DRIVER CUM CONDUCTOR RESIDENT OF 218/5 KARDYAL VILLAGE, BHALKI TALUK BIDAR – 585 413 PRESENTLY RESIDING AT MALLASANDRA T. DASARAHALLI, BAGALAGUNTE BENGALURU – 560 073 ... PETITIONER (BY SRI. JAGADISH BALIGA N, ADVOCATE) AND THE STATE OF KARNATAKA BY BAGALGUNTE POLICE STATION YESHWANTHPURA SUB-DIVISION BENGALURU – 560 073 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B J, HCGP) 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.236/2019 OF BAGALAGUNTE POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/Ss. 498-A AND 306 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent–State. Perused the records.
2. There is no dispute that the deceased was the wife of the petitioner and their marriage took place about 14 years ago. The husband and wife were residing together for some time and thereafter it is alleged that the petitioner has addicted to alcohol and started abusing the deceased. In spite of several advises, the quarrel between the husband and wife continued. It is alleged that about six months back, the brother and sister of the petitioner have started instigating the petitioner to abuse his wife. In this context, about 15 days prior to the incident, the petitioner has abused the deceased stating her to go and die.
3. At this stage, it is not known as to, what happened in the intervening period of 15 days, because, 15 days prior to the incident the deceased was residing in the house of the complainant. It is stated, that the brother and sister of the petitioner have telephoned to the deceased and asked her to give divorce to the petitioner, otherwise, she should die. In this context, being frustrated in life on 01.07.2019 in the evening at about 6.00 p.m. the deceased committed suicide by pouring kerosene on herself and lit fire, in the bathroom, which is situated out side the house of the complainant. On these allegations, the police have registered a case and investigated the matter.
4. The other two accused persons by name Prabhavathi and Vijayakumar were already released on bail by the Sessions Court in Criminal Misc. No.6706/2109 on 14.08.2019. The FIR discloses that since 15 days the deceased was residing in the house of the complainant. There is no allegation that during that particular period of 15 days, this petitioner went there and abused the deceased in any manner so as to provoke her to commit suicide. On the other hand, the allegations are against the other accused persons, who were already released on bail.
5. In the facts and circumstances of the case, even if it is considered that, the petitioner also about 15 days prior to the incident abused the deceased and asked her to go and die and that itself is not sufficient at this stage to draw an inference that, the petitioner/accused was really intended to drive her to commit suicide. That particular aspect has to be thrashed out during the course of full-dressed trial. Therefore, the petitioner is also entitled to be released on bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner/accused-Bheemanna shall be released on bail in the event of his arrest in connection with Crime No.236/2019 of Bagalagunte Police Station, Bengaluru, for the alleged now pending before the Court of 45th Additional Chief Metropolitan Magistrate at Bengaluru, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a 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 concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner 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.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*