IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4647/2019 BETWEEN:
SRI MOHAN KUMAR S/O SRI CHIKKARAJU AGED ABOUT 26 YEARS R/AT HOSAPALYA VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT – 572 121 …PETITIONER (BY SRI R.KIRAN, ADVOCATE) AND:
THE STATE BY INSPECTOR OF POLICE KUNIGAL POLICE STATION TUMKURU DISTRICT REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.131/2019 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 306, 504 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.4 in Crime No.131/2019 on the file of the respondent police for the offence punishable under Sections 306 and 504 r/w Section 34 of IPC.
3. The brief factual matrix of the case are that a person by name Rangaswamy who is no other than the brother of the deceased Soubhagya stated that about three months prior to the date of the incident, deceased Soubhagya told the complainant that the petitioner pestered her for love and in this connection, the complainant and other brother along with some villagers advised the petitioner and his parents not to repeat the same. Inspite of that, the petitioner did not desist himself from pestering for her love. In this background, it is stated that on 24.05.2019 at about 4.30 p.m. petitioner’s father, mother and others had gone to the house of the complainant and abused the said lady in filthy language and infact abused that she made the petitioner to consume poison and he is going to die because of her. On hearing the said abusive words, the victim girl went inside the house and committed suicide.
4. On careful perusal of the entire allegations on 24.05.2019 at about 4.30 p.m. when the incident happened, accused person was not present and other accused persons who have alleged to have provoked and instigated the victim to commit suicide were already released on bail by the trial Court in Crl.Misc.No.549/2019.
5. Therefore in the above said facts and circumstances, in my opinion, the petitioner who has not abused the complainant or the victim on that particular date is also entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is allowed. The petitioner shall be released on bail in connection with Crime No.131/2019 of Kunigal Police Station, Kunigal Taluk, Tumkur District pending on the file of the Senior civil Judge & J.M.F.C., Kunigal subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of `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 tamper with the prosecution witnesses and he shall appear before the trial Court on all future hearing dates unless exempted for any genuine reasons by the Court;
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for;
iv) The petitioner shall not leave the jurisdiction of the trial Court without its prior permission, till the case registered against him is disposed of;
v) The petitioner shall mark his attendance once in 15 days between 10.00 a.m. and 5.00 p.m. before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KSR Sd/- JUDGE