IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.253/2019 BETWEEN:
Sri. Mahesh.S S/o Shanthakumar Aged about 29 years, R/at Sarjapura Village, Anekal Taluk, Bengaluru Rural-562 126. ... Petitioner (By Sri M.R.Nanjunda Gowda, Advocate) AND:
The State of Karnataka By Sarjapura Police, Represented by State Public Prosecutor High Court Buildings, Bengaluru-560001. ...Respondent (By Sri. M.Divakar Maddur, HCGP.) 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.284/2018 of Sarjapura Police Station, Bengaluru City for the offence punishable under section 306 of IPC.
This Criminal Petition is coming on for orders, this day, the Court made the following:
O R D E R The present petition has been filed by the accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.284/2018 of Sarjapura Police Station, Bengaluru City for the offences punishable under Section 306 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for the respondent - State.
3. The gist of the complaint is that the complainant is the elder brother of the deceased. One Safeera Bhanu is the sister of the complainant and one Abdul Hasib is his younger brother. Abdul Hasib was working as Mechanic and living in the house of Shanthamma at Sarjapura Village. It is further submitted that the deceased used to tell often to his brother that one Mahesh was not allowing him to do his work and also Mahesh is not providing any work to him and he was troubling the deceased. The said Mahesh was not married. On 23.12.2018 there was a body building competition at Shivajinagara. The complainant came to Bengaluru. At about 4.00 p.m., his brother-in-law Muthhir called him through phone and told that about 3.30-3.45 p.m., his bother Abdul Hasib committed suicide. Prior to his death, he has uploaded in his facebook account and immediately off lined from the said facebook and came to know that he has committed suicide because of the ill treatment of the one Mahesh. On the basis of that a complaint has been made and a case has been registered against the petitioner.
4. It is the submission of the learned counsel for the petitioner that the petitioner is the permanent resident of Sarjapura and he is not involved in the alleged crime. The entire material placed on record does not disclose the ingredients of Section 306 of IPC. Nowhere in the complaint it is alleged that when the petitioner has assured to get the job for the deceased, when the deceased has been ill-treated and harassed by the petitioner. There is no root in the case to connect the petitioner to the alleged crime. He further submitted that in the facebook account of the deceased, the name of one Santhakumar is stated to have been mentioned and the said Shanthakumar is not arrayed as accused. The alleged offence is not punishable with death or imprisonment for life. The petitioner is ready to abide by any conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner ill-treated and harassed the deceased and has not provided any job. Because of such harassment, the deceased became fed up in his life and committed suicide by hanging. Even in his facebook account also the deceased uploaded the reasons for committal of suicide and the harassment meted out by the accused. He further submitted that if the petitioner is enlarged on anticipatory bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint, it is not forthcoming as to when exactly the petitioner assured the job and when and at what time the ill-treatment and harassment has been caused by the petitioner and whether it was immediately soon before the death of the deceased. Whether the names of the persons who harassed the deceased are forthcoming or not that is a matter which has to be considered and appreciated by the trial Court only at the time of trial. The alleged offence is not punishable with death or imprisonment for life. I feel just and proper that by imposing some stringent conditions, if the petitioner is ordered to be granted anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner is granted anticipatory bail. In the event of his arrest in Crime No.284/2018 of Sarjapura Police Station, Bengaluru City for the offence punishable under Section 306 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall mark his attendance once in fifteen days between 10.00 a.m. and 5.00 p.m., till the charge sheet is filed.
v) He shall not leave the jurisdiction without prior permission.
vi) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE NR/ck/- CT-HR