IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7916 OF 2018 BETWEEN:
Sri.Pramod, S/o Kumar, Aged about 26 years, Residing at Srirampura, Manandavadi Road, Mysuru – 570 002. ...Petitioner (By Sri. C.Rajanna, Advocate) AND:
State of Karnataka, By Vidhyaranyapuram Police Station, Mysuru City, Represented by its P.P., High Court Building, Bangalore – 01. ...Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.116/2018 of Vidyaranyapuram Police Station, Mysore City for the offences P/U/S 306 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/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.116/2018 of Vidyaranyapuram Police Station for the offence punishable under Section 306 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent – State.
3. The gist of the complaint is that the younger sister of the complainant used to love the petitioner/accused. Both the families by accepting their love performed their marriage on 26.06.2011. For some time they lived cordially. Out of the said wedlock, they have given birth to a daughter and thereafter, the petitioner/accused has sold his house and the father of the complainant gave a sum of Rs.2, 00,000/- to get the house on lease. Thereafter, they were lived in the said lease house at that time, the deceased used to inform them that her husband is not going for duty properly and he is taking up the quarrel by consuming liquor and suspecting her fidelity. The complainant and family members advised the petitioner/accused. On 09.09.2018 at about 10.30 a.m., and the younger aunt of the complainant informed that the petitioner is quarreling with the deceased and abusing her with filthy language and again at about 6.30 p.m., they received a telephone call to the effect that the deceased has committed suicide by hanging and thereafter, they filed a complaint and a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused is innocent and he has not committed any offence. They have loved each other and got married therein shows that the petitioner not being abusing and instigating the deceased to commit suicide. It is further submitted that the only allegation which has been made as against the petitioner/accused is that he used to abuse with filthy language and there is no material to connect the petitioner/accused to the alleged crime. The petitioner/accused is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused used to trouble and instigate the deceased to commit suicide by suspecting her fidelity.
It is further submitted that the deceased has left the death note wherein, she has clearly stated that the petitioner/accused is responsible for the death of the deceased. Because of the ill-treatment and harassment caused by the petitioner, she has committed suicide by hanging. Further it is submitted that the petitioner is absconding and he is not available for the purpose of investigation or interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the papers, it reveals that on 09.09.2018 and prior to that also, the petitioner/accused is abusing and used to assault by suspecting the fidelity of the deceased. Even the records indicate that the death note is also left by the deceased stating that the petitioner/accused is responsible for her death and he should be prosecuted in accordance with law. When there is prima-facie material against the petitioner/accused and the charge sheet is also not yet filed, under such circumstance, I feel that it is not a case to release the petitioner/accused on anticipatory bail. Hence, petition stands dismissed.
However, liberty is given to the petitioner/accused that if he surrender before the Court and apply for regular bail, the above observation will not come in the way to dispose of the case on merits.
Sd/- JUDGE VBS