IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4760/2019 Between:
1. Smt. Suma, W/o late Srinivasa S., Aged about 23 years, R/o Near Milk Diary, Bommanahalli, Bhadravathi, Shivamogga District – 577 201.
2. Ganganna @ Siddagangappa, S/o Thimmappa, Aged about 48 years, 3. Smt. Sharada, W/o Siddagangappa, Aged about 42 years, (Petitioner Nos. 2 and 3 are the R/o No.236, Camp River Side, Bommanahalli, Karehalli, Baranduru, Bhadravathi Taluk, Shivamogga District – 577 201).
4. Sunil Kumar, S/o Siddagangappa, Aged about 26 years, No.17/1, 6th Cross, 3rd Block, Near Anjaneya Temple, Gorguntepalya, Yeshwanthapura, Bangalore – 54.
Petitioner Nos.1 to 4 at presently Residing at No.8/4, Door No.402, 4th Floor, Near SVN School, Prashanth Building, 1st Stage, 2nd Cross, 1st Main, Gorguntepalya, Bangalore – 54. ... Petitioners (By Sri. P.N.Hegde, Advocate) And:
State by Bagalagunte PS, Represented by SPP, High Court of Karnataka, Bangalore – 560 001. ... Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of their arrest in Cr.No.174/2019 of Bagalur P.S., Bangalore for the offence P/U/S 306 R/W 34 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the Learned High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 4 in Crime No.174/2019 on the file of respondent- Bagalagunte Police, for the offence punishable under Section 306 r/w 34 of IPC. It is a very strange case where the allegations are made about wife and her family members and in fact the husband has committed suicide. The allegations are that deceased Srinivas was married to Smt.Suma-petitioner No.1 herein and after the marriage they lived happily for some time. It is alleged that if the deceased go to the house late then the wife and her mother used to abuse him and also ill treat and harass him for various reasons and even for small instances. In fact accused No.1 used to go to her parental house often. Therefore, the deceased was frustrated in life. In this background it is alleged that on 17.5.2019 the brother of the deceased one Ramesh met the deceased and asked to go to temple. He refused to go to the temple on the pretext that his wife and her family members quarrel with him. By saying so, deceased went to the house of his brother and stayed there. On 19.1.2019 brother of the deceased came back to his house and found that front door of the house was a bit open and he found that the deceased has committed suicide by hanging himself to the ceiling fan by leaving a death note wherein it is stated that his wife and her family members are responsible for his death.
3. Learned High Court Government Pleader brought to the notice of this Court the death note wherein it is stated that the deceased has alleged that he was being harassed by his wife and family members but there are no such allegations actually in the complaint. Apart from the above, on 17.5.2019, it appears the deceased had gone to the house of Ramesh and he committed suicide in the house of his brother. Therefore what transpired between 17.5.2019 and 19.5.2019 is not stated in the complaint. Further whether the petitioners were actually present in the house when the deceased committed suicide is also not forthcoming in the complaint. Therefore the above circumstances are to be proved during the course of investigation and during the trial the prosecution has to establish that the ill-treatment and harassment meted out by the deceased from the petitioners was to such an extent in the ordinary course to drive a person to commit suicide. Therefore considering the above said facts and circumstances, first petitioner being the wife of the deceased and other pts are her family members, in my opinion, the petitioners are entitled to be enlarged on bail on stringent conditions. Hence the following:
O R D E R The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.174/2019 of Bagalagunte Police Station subject to following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- with one surety for the like- sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/- JUDGE RS/*