IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.8111/2018 Between:
Nagaraju, S/o Appajigowda, Aged about 52 years, Residing at No.99, Banashankari Hill Mansion, Navy Layout, Sidedahalli, Bangalore North – 560 073. … Petitioner (By Sri Praveen C., Advocate) And:
The State of Karnataka by Maddur Police Station, Maddur, Mandya District, Represented by the S.P.P., … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.332/2018 of Maddur Police Station, Mandya for the offence p/u/s 306 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest in Crime No.332/2018 for the offence punishable under Section 306 of IPC.
2. The case of the prosecution is that the complainant, who is the mother of deceased had stated in her complaint that the deceased had taken a property on rent from accused. It is stated that an amount of Rs.5.00 lakhs was paid as advance and Rs.66,000/- was being paid as monthly rent. It is further stated that as the deceased had not paid the rent, the petitioner was harassing the deceased to pay the rent. It also comes out from the complaint that there was a dispute, as the deceased had asserted that he had made repairs and hence had undertaken to pay the rent in a deferred manner.
3. It is stated that on 27.09.2018 after having dinner at home had gone to the lodge and did not return back. On the following day, he was found dead having hanged himself. The complaint was filed by the mother of deceased. Pursuant to the same, FIR is registered and investigation is in progress.
4. The learned counsel for the petitioner submits that the case as made out in the complaint is that the deceased was due in arrears of rent payable to the petitioner and the petitioner had made demands. It is submitted that demand for lawful payment cannot be construed to be an act that led the deceased to commit suicide.
5. However, at this stage, it would not be appropriate to express any opinion on the merits of the matter. Suffice it to say that the question of any act of harassment leading the deceased to commit suicide is a matter to be proved during trial.
6. The admitted facts having come out in the complaint, there is force in the submission of learned counsel for the petitioner that no case is made out for custodial interrogation of the petitioner 7. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.332/2018 for the offence punishable under Section 306 of IPC, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.332/2018 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR