IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7539/2019 BETWEEN:
Sri. D.Rajashekar Reddy S/o Balkeshwar Reddy, Aged about 39 years, R/at No. 202, Ind Win-Essfasy Apartment, 9th Main, Hongasandra, G.B.Palya, Bangalore-560068. …Petitioner (By Sri.G.Muralidhar, Advocate) AND:
State of Karnataka, R/by Inspector of Police, Viveknagar Police Station, Bangalore-560047.
Rep. by State Public Prosecutor, High Court, Bengaluru-560001. ... Respondent (By Sri.Rohith B.J., 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.133 /2019 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 306 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 records.
2. The petitioner is the sole accused in Cr.No.
133/2019 of Viveknagar Police Station, Bengaluru for the offence punishable under Section 306 of IPC.
3. A person by name Jeeresh Kumar lodged a complaint stating that his younger sister by name Jeena Mohan was given in marriage to the petitioner in the year 2006 and they were blessed with twin children who are aged about 10 years. It appears that after long lapse of marriage, some differences arose between the petitioner and the deceased, hence, the deceased was living separately along with her twin children at S.T.Bed, Koramangala since one and half years and they have applied for divorce which is pending before the Court. It is alleged that the petitioner often demanding the deceased for his children and threatened the deceased with dire consequence intimidating that if she does not send children with him, he would come near her house and kidnap her children. In this context, it is alleged that on 22.08.2019 at about 9.30 p.m. she committed suicide in her house by hanging herself to the ceiling fan. On the basis of above said allegations, the case has been registered against the petitioner.
4. Looking to the above said facts and circumstances of the case, the marriage of the petitioner with the deceased was taken place in the year 2006 and they have lived happily for more than ten years together. Thereafter, since one and half years, the petitioner and the deceased were living separately and they have applied for divorce which is pending before the Family Court. The petitioner has filed a petition for restitution of conjugal rights before the family Court which is pending as M.C.No.3116/2019. The facts being so, it is difficult to say at this stage that the petitioner has abetted the deceased to commit suicide. Whether the petitioner has really intended to live with the deceased or not; whether the petitioner instigated the deceased by making threatening call to drive her to commit suicide or not and such threatening call was sufficient to drive the deceased to commit suicide or there may be some other reason for the alleged incident, all these facts have to be thrashed out during the course of full-dressed trial.
5. Considering the peculiar circumstances, I am of the view that, the petitioner is entitled to be enlarged on bail as he is ready and willing to abide by any of the conditions that may be imposed and to assist the investigation. The offence is not punishable either with death or life imprisonment and there is nothing to be recovered form him. So his custodial interrogation would not be necessary. However, he undertakes to co-operate with the investigation. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused) shall be released on bail in the event of his arrest in connection with Cr.No.133 /2019 of Viveknagar Police Station, Bengaluru for the alleged offence 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 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 concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation and 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 without prior permission of the I.O., 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 fifteen days i.e.,on any 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 JS/-