IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7069/2019 BETWEEN 1. SRI KYATHEGOWDA S/O LATE KATTEGOWDA AGED ABOUT 67 YEARS 2. SMT. KATAMMA W/O SRI. KYATHEGOWDA AGED ABOUT 64 YEARS BOTH ARE RESIDING AT AJJANAHATTI VILLAGE CHIKKAMAGALURU TALUK AND DISTRICT – 577 135 (BY SRI. K.S. GANESHA , ADVOCATE) AND STATE BY SAKHARAYAPATNA POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 (BY SRI. HONNAPPA, HCGP) ... PETITIONERS … RESPONDENT 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.29/2019 OF SAKKARAYA PATNA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/Ss. 498-A, 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 petitioners (A2 & A3) and the learned HCGP for the Respondent – State. Perused the records.
2. The respondent- Sakkaraypatna Police have laid a charge sheet against the petitioners (A2 & A3) and other accused persons in connection with Crime No.29/2019 for the offences punishable under Sections 498-A & 307 r/w. 34 of IPC, which is now pending before the Court of Addl. Civil Judge and JMFC, Chikkamagaluru.
3. The brief facts of the case are that, a lady by name Nethravathi, the daughter of the complainant- Sannagangamma was given in marriage to Accused No.1-Ashok, son of Kyathegowda (A2). The said Nethravathi and Accused No.1 were lived as husband and wife for about three years. The said Nethravathi did not beget any child. Therefore, it is alleged that, the accused persons started ill-treating and harassing her in that regard. In this context, it is alleged that on 31.01.2019, the said Nethravathi attempted to commit suicide by consuming poison. She was admitted to the hospital by the accused persons, but, on 01.02.2019 she died due to the impact of consumption of poison on 31.01.2019.
4. The offences under Sections 306 and 498-A are not punishable either with the sentence of death or imprisonment for life. It is also not stated in the complaint as to what sort of ill-treatment and harassment meted-out to the deceased by the accused persons and as to what type of abusive words are used by the petitioners (A2 & A3) on the ground that she did not beget any child. The aspects that, sensitiveness of the victim and also her conduct and also the conduct of the accused persons during the marital period of Accused No.1 and the deceased, have to be tested during full-dressed trial in order to ascertain whether really there was any ill-treatment or harassment and if it is so, whether that would be sufficient to drive a women to commit suicide.
Learned counsel for the petitioners has submitted that, Accused No.1-Ashok, the husband of the deceased has already been released on bail under Section 167(2) of Cr.PC. It is also stated that the charge sheet has already been filed against these petitioners (A2 & A3). In that view of the matter, the custodial investigation of these petitioners is not necessary. The petitioners (A2 & A3) are the parents of Accused No.1 and they are aged more than 60 years and it appears common allegations are made against all the accused persons. Therefore, in the above facts and circumstances, the petitioners are entitled to be enlarged on bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A2 & A3) shall be released on bail in the event of their arrest in connection with Crime No.29/2019 of Sakkarayapatna Police Station, Chikkamagluru District, which is now pending on the file of Addl. Civil Judge (Junior Division) and JMFC, Chikkamagaluru District, subject to the 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 personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Court.
ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
KGR* Sd/-
JUDGE