IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3289/2019 BETWEEN:
SRI MAHADEVASHETTY S/O RANGASHETTY AGED ABOUT 33 YEARS R/AT PALAHALLI VILLAGE TENT ROAD SRIRANGAPATNA TALUK MANDYA DISTRICT-571 606 AND ALSO R/AT HIREBEGURU VILLAGE HARAVE HOBLI CHAMARAJANAGAR-571 109 … PETITIONER (BY SRI SADANANDA NAGAPPA NAIK, ADVOCATE) AND:
STATE OF KARNATAKA BY SRIRANGAPATNA POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.2 IN CC.NO.155/2019 (ARISING OUT OF CRIME NO.459/2018) FILED BY SRIRANGAPATNA POLICE, MANDYA DISTRICT PRESENTLY PENDING BEFORE THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC COURT, SRIRANGAPATTANA, MANDYA DISTRICT 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 1. Heard learned counsel for the petitioner and learned HCGP for the respondent and perused the records.
2. The alleged offence against the petitioner is under Section 306 of IPC which is not punishable either with death or imprisonment for life.
3. Brief facts of the case are that the petitioner/accused no.2 is the husband of deceased Suma. After marriage, they were blessed with two children by name Ajay and Anjali. Thereafter, it is alleged that the petitioner went on suspecting the conduct and fidelity of the deceased. Even though she requested him that she would not repeat the same, accused no.2 has not pardoned her. In this context, it is alleged that on 19.11.2018, the deceased did not accompany accused no.2 to the temple. On 21.11.2018 between 11.00 a.m. and 1.00 p.m., in the afternoon, the deceased Suma has poured kerosene on her daughter Anjali and also poured kerosene on her and lit fire, due to which both of them died. The reasons for death is not fully clear in the charge sheet papers. It is alleged that the incident happened as accused no.2 suspected the fidelity of the deceased. In fact, what exactly transpired between the husband and wife needs to be established during the course of full fledged trial. Further, to establish the ill treatment and harassment by accused no.2/petitioner, is it was the only reason which drew the deceased to commit suicide and commit the death of the child.
4. Looking to the above said facts and circumstances, in my opinion, the petitioner at this stage is entitled to be enlarged on bail. During the course of the evidence, it has to be established that accused no.2 had ill treated her in order to drive her to commit suicide. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.155/2019 pending on the file of the Additional Civil Judge (Jr.Dn.) & JMFC, Srirangapatna, Mandya District, registered against him for the offence punishable under Section 302 of IPC, subject to the following conditions:
(i) The petitioner 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 jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE hkh.