IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7527/2019 BETWEEN :
1. MANJUNATH, S/O. GOPAL KRISHNA, AGED ABOUT 42 YEARS, R/AT NO.251, 12TH ‘A’ MAIN, 6TH BLOCK, RAJAJINAGAR, BANGALORE-560 010.
2. RAJALAKSHMI S @ SUNITHA, W/O. MANJUNATH, AGED ABOUT 41 YEARS, R/AT NO.251, 12TH ‘A’ MAIN, 6TH BLOCK, RAJAJINAGAR, BANGALORE-560 010.
... PETITIONERS (BY SRI: HASHMATH PASHA, SENIOR COUNSEL ALONG WITH SRI. NASIR ALI FOR HASHMATH PASHA ASSISTANTS, ADVOCATES) AND :
STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, NELAMANGALA TALUQ, BANGALORE-562 123.
(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001) (BY SRI: MAHESH SHETTY, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CRIME NO.454/2019 OF MADANAYAKANAHALLY POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 306 R/W SEC. 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the State. Perused the records.
2. The petitioners are arraigned as Accused Nos.2 and 3 in Crime No.454/2019 for the offences punishable under Section 306 read with Section 34 of IPC.
3. The brief facts of the case as per the first information report is that a person by name Gopala Krishna – Accused No.1 is no other than the father of one G. Srinivas. The complainant by name Bhagyamma is the wife of said G. Srinivas i.e., the daughter-in-law of Accused No.1. It is stated that the complainant and Sri.
G. Srinivas were blessed with a girl by name Manasa aged about 16 years. About five years ago, Accused No.1 retired from military services and he has purchased some sites and he has executed a will in favour of his grand daughter Manasa. It is further case that the said G. Srinivas – the husband of the complainant was addicted to alcohol. He left the conjugal company of Bhagyamma. The complainant and her daughter were residing in a rented house in Bhannerughatta Road. About three months prior to the incident, accused No.1 brought them to his house and they started living there and deceased victim girl was studying in 1st PUC, Om Sai College at Sunkadakatte. In this background, it is alleged that the said Accused No.1 was forcing to withdraw the will executed by him and on the other hand, he has also sold three sites which was the subject matter of will executed in favour of the victim girl. In this background, it is alleged that on 08.09.2019, the accused persons have abused the victim girl as well as the complainant stating that her conduct was not well and the complainant has left her freely. Therefore, the victim girl has lost her conduct and they abused her to go and die etc., Thereafter the complainant has in fact consoled the deceased. In spite of that, she went inside the room and latched the door from inside, till night 8.30 she did not open the door and come out. Then, the complainant peeping through the window and saw the deceased committed suicide by hanging herself. On the above said allegations, the police are investigating the matter. In fact, Accused Nos.1 to 3 have filed bail petition under Section 439 of Cr.P.C. before the Sessions Judge, Bangalore Rural District and Accused No.4 has approached the Sessions Court for grant of anticipatory bail. Accused Nos.1 and 4 were granted with bail and rejected the bail against Accused Nos.2 and 3.
4. On careful perusal of the allegations, in fact the allegations are same as against Accused Nos.2 and 3. The common allegations made against the accused persons was assaulted the victim girl and abused as characterless girl. In spite of that, without assigning any other reason, the bail petitions of Accused Nos.2 and 3 have been rejected.
5. Considering the above said facts and circumstances of the case, whether the accused persons have really abused the victim girl or with an intention to drive her to commit suicide or with an intention to see that she meant her conduct in future, because, the petitioners are closely related to the deceased and Accused No.1 is her grand father. Accused Nos.2 and 3 are no other than the brother and brother’s wife of the husband of the complainant. Therefore, under the above said circumstances, considering the relationship between the parties and there is no previous bad antecedents alleged against the petitioners. The said conduct of the victim girl as well as the conduct of the accused persons have to be tested during the course of full fledged trial whether the said act of the accused persons were sufficient to drive a woman to commit suicide and it leads to abetment to commit suicide. In my opinion, at this point of time, the petitioners are also entitled to be enlarged on bail even on the ground of parity. Hence, the following :
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.454/2019 of Madanayakanahally Police Station for the offence punishable under Section 306 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a month on first Sunday 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 Snc