IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4902/2019 BETWEEN:
Vinay, Aged about 21 years, S/o Katte Rangappa K., S.D.A. in Lakshmiswamy – High School, Seetharampura, Bhadravathi Taluk, Permanent R/o Kondapura Village, Hosadurga Taluk, Chitradurga – 577 501. … Petitioner (By Sri M.R.C. Manohar, Advocate) AND:
The State of Karnataka by Srirampura Police Station, Hosadurga Circle, Chitradurga District, Rep. by State Public Prosecutor, High Court Complex, Bangalore – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.98/2019 of Srirampura P.S., Chitradurga for the offences p/u/s 354A, 506, 509, 306 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Crime No.98/2019 for the offences punishable under Sections 354A, 509, 506, 306 r/w Section 34 of IPC.
3. The brief allegations are that a lady by name Sarojamma and her husband Mylarappa were residing at Arehalli Village in Hosadurga Taluk. The said Mylarappa was working as Driver-cum-Conductor in KSRTC Depot. Both the husband and wife were residing in Hosadurga Town. They were happily residing together. It is alleged that the accused was inciting Sarojamma for the purpose of sexual lust on payment of money and in this context, it is alleged that there was some mobile conversation which was recorded by the accused and the same has been released to his friends. Being frustrated on receiving such information from the village people, the husband and wife have decided to commit suicide. In this context, it is alleged that on 13.06.2019 both the husband and wife have made attempts to commit suicide. Fortunately enough, Sarojamma survived and her husband died due to hanging to a Neem Tree near Garaga, Thonachenahalli Village.
4. On the above said allegations, the police are investigating the matter. The other accused Nos. 2 and 3 have been released on bail by the Sessions Court itself. Section 306 of IPC is attracted so far as deceased Mylarappa is concerned. Whether the accused was really intended to drive them to commit suicide or his intention was only to force her to enter into illicit intimacy with him has to be examined and established during the course of full-dressed trial. Intention cannot be gathered at this stage. Sensitivity of the deceased and his wife has to be decided during the course of fulldressed trial as the said lady is survived. The offence under Section 354A is attracted so far as lady is concerned which is punishable with maximum punishment of 3 years. None of the offences are punishable either with death or imprisonment for life. The petitioner has already been arrested and he has been sent to judicial custody which shows that he is no more required for any further investigation.
5. Under the above said circumstances, petitioner is entitled to be enlarged on bail.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 98/2019 of Srirampura Police Station, registered for the offences punishable under Sections 306, 354A, 509, 506 read with Section 34 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 Two sureties 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 the 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.
(v) The petitioner shall mark his attendance once in 15 days between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the filing of final report, whichever is earlier.
Sd/- JUDGE VP