IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.9051/2017 BETWEEN:
SRI M.VEERABHADRAPPA S/O LATE MARAPPA AGED ABOUT 56 YEARS R/AT AADUR VILLAGE, KASABA HOBLI ANEKAL TALUK BANGALORE DISTRICT-560078. ... PETITIONER (BY SRI K.R.KRISHNAMURTHY., ADV.) AND:
STATE OF KARNATAKA BY S.H.O JIGANI P.S, ANEKAL TALUK BANGALORE DISTRICT REP. BY SPP HIGH COURT BUILDINGS BENGALURU-560001. ...RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP.) THIS CRL.P. FILED UNDER SECTION 438 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME No.261/2017 OF JIGANI POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCEPUNISHABLE UNDER SECTION 306 READ WITH 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.2 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner/accused No.2 on bail in the event of his arrest for the offence punishable under Section 306 read with Section 34 of IPC, registered in respondent police station Crime No.261/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.2 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and medical records produced in the case.
4. Looking to the complaint averments, the father of the deceased is the complainant in this case wherein it is stated that it was agreed to give his daughter Mamatha to the son of the present petitioner herein. The complaint averments goes to show that there were marriage engagement talks also and it was agreed to pay Rs.10,00,000/- towards marriage expenses and Rs.5,00,000/- has been already paid in advance and they agreed to pay the remaining Rs.5,00,000/- on the date of the marriage. Even the choultry was also booked but the further averments in the complaint goes to show that the present petitioner after seeing the draft of the wedding card, abused the daughter of the complainant in filthy language so also the accused No.1 Ananda and when it was brought to the notice of Ananda – accused No.1 he also insisted the deceased that she has to listen to the words of his father. Because of this reason, she felt bad and ultimately, she committed suicide by hanging in the house. On the basis of the complaint, case came to be registered against the petitioner and accused No.1 for the alleged offence. The petitioner contended that there is false implication, he has not committed the alleged offence and he never abetted the commission of suicide by the deceased. Accused No.2 also undertaken that he is ready to abide by any reasonable conditions to be imposed by the Court.
5. Looking to the materials, it is even before performing the marriage of the deceased with accused No.1 – Anand. Therefore, only the allegation that after seeing the invitation card that some difference in the name of the present petitioner in the same card, petitioner scolded the deceased and that is the reason for her to commit suicide. The alleged offence under Section 306 of IPC is not exclusively punishable with death or imprisonment for life. So far as the petitioner co-operating with investigation agency for the further proceedings and for the purpose of interrogations. Hence, it is a fit case to exercise discretion in favour of the petitioner by imposing reasonable conditions to safeguard the interest of the petitioner.
6. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner-Accused No.2 on bail in event of his arrest for the alleged offence registered in respondent police station Crime No.261/2017, subject to the following conditions:
i. Petitioner to execute a personal bond for Rs.1,00,000/- and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE NC.