IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4027/2019 Between:
Sri Lokesha, Alias Lingaraju, S/o Sri Siddappa, Aged about 35 years, R/o Jeekanahalli Village, Gandsi Hobli, Arasikere Taluk, Hassan District – 573 119. … Petitioner (By Sri Gopal, Advocate a/w Smt. Padma Gopal, Advocate) And:
State of Karnataka, By Gandasi Police Station, Hassan District, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.82/2019 of Gandasi Police Station, Hassan for the offences p/u/s 506, 406, 420, 306 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.82/2019 for the offences punishable under Sections 506, 406, 420 and 306 of IPC.
2. The case of the prosecution as made out in the complaint is that there was partition of lands during the year 1998 and the complainant is in possession of lands bearing Survey Nos.21/03, 22/2A, 68/4B, 65/3B, 68/4A and 22/2B (in FIR Sy.No.23/3 is shown instead of Sy.No.21/03).
3. It is further alleged that the petitioner holding out that he would change the katha as per the partition got it changed to his name by cheating the complainant. It is stated that the complainant questioned the same. The petitioner had harassed his wife and unable to bear the torture, the wife of the complainant is stated to have committed suicide. It is also stated that the deceased has made a note on her left hand pointing out to the alleged harassment by the petitioner. The complaint has been filed, FIR has been lodged and investigation is in progress.
4. Learned counsel for the petitioner submits that the version as made out in the complaint is contrary to the facts, as katha still stands in the name of the father of complainant.
5. Learned High Court Government Pleader appearing for the respondent – State opposes grant of anticipatory bail and states that custodial interrogation of the petitioner would be necessary. He further contends that it is a heinous crime.
6. It is noticed that the Sessions Court has rejected the application of the petitioner observing that prima facie case has been made out. The proof of offence in matters such as the present wherein, there is an allegation of commission of offence under Section 306 of IPC rests on oral evidence and is a matter to be proved during trial. The weight of evidence in the form of death note is a matter to be proved during trial.
7. Taking note of the fact that offences alleged are not punishable with death and also the factual matrix and that the commission of offence of the nature alleged rests on oral evidence, the question as to what acts drove the deceased to commit suicide is also a matter for trial. No case is made out for custodial interrogation. Hence, the petitioner is entitled to be enlarged on bail.
8. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.82/2019 for the offences punishable under Sections 506, 406, 420 and 306 of IPC, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.82/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR