IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7081/2019 BETWEEN:
SRI PRABHU S/O ANNAYAPPA AGED ABOUT 30 YEARS R/AT NO.104 VIEWER’S COLONY, SARAKKI GATE J.P.NAGARA 1ST PHASE BENGALURU-560 078 … PETITIONER (BY SRI S.BALAKRISHNAN, ADVOCATE) AND:
STATE OF KARNATAKA BY J.P.NAGARA POLICE STATION REPRESENTED BY SPECIAL 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 RELEASE PETITIONER ON BAIL IN CRIME NO.121/2019 NOW NUMBERED AS C.C.NO.20466/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 306 R/W 34 OF IPC ON THE FILE OF J.P.NAGARA POLICE STATION AND PENDING ON THE FILE OF XLIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused no.1 in CC No.20466/2019 [Crime No.121/2019 of J.P.Nagar Police Station] on the file of XLIV Additional Chief Metropolitan Magistrate Court, Bengaluru.
3. Brief facts of the case are as under:
Petitioner and the deceased Sunitha were in love with each other for nine years and their marriage took place on 05.05.2018. After marriage, they lived happily together for some time. Thereafter, it is alleged that the accused persons were started ill treating and harassing her for petty instances. In this context, it is alleged that they abused her emotionally. Being frustrated in life, on 01.07.2019 at 1.00 p.m., she consumed some poisonous tablets. Thereafter, she was admitted to the hospital and later she died in the hospital.
4. On a plain reading of the entire charge sheet papers, the death summary issued by the Sagar Hospital discloses that the deceased was admitted to the hospital with a complaint of consumption of two Aluminium Phosphide tablets and the patient was treated. She had suffered a cardiac arrest around 8.30 p.m. on 01.07.2019 and she was declared dead at 9.05 p.m.
5. Looking to the above said facts and circumstances, considering that the deceased and the petitioner were happily living together for some time after marriage, whether any acts of the accused persons are so vulnerable which are sufficient to drive a woman to commit suicide is a matter of fact that has to be considered by the trial court during the course of trial. Under the above said facts and circumstances, the said petitioner has already been arrested and he has been in judicial custody since six months, he is no more required for any further investigation as charge sheet has already been filed and also on similar allegations, the other accused persons have already been released on bail, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in C.C.No.20466/2019 on the file of XLIV Additional Chief Metropolitan Magistrate Court, Bengaluru for the offence punishable under Sections 306 r/w 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (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.