IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1849/2019 Between:
1. Syed Sadam Hussain, S/o Late Syed Pyaru, Aged about 28 years, R/at No.57, 7th Cross, Palya Magadi Road, Bangalore – 560 023.
2. Sayida Banu, W/o Sayyed Byaru, Aged about 49 years, R/at No.57, 7th Cross, Palya Magadi Road, Bangalore – 560 023. … Petitioners (By Smt. Vanajakshi P., Advocate for Sri Rasheed Khan, Advocate) And:
The State of Karnataka, Kempapura Police Station, Vijayanagara Sub-Division, Bangalore City, 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 the Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Cr. No.10/2019 of Kempapura Agrahara Police Station, Bangalore City 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:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest by the respondent Police in connection with the proceedings in Crime No.10/2019 for the offence punishable under Section 306 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was lodged by the mother of deceased stating that the complainant was married to accused No.1 on 04.01.2011. It is stated that there are two children from the said wedlock. It is further stated that the petitioners and other family members were harassing the deceased stating that they would find a second wife to accused No.1, as the deceased did not know how to cook well. It is stated that due to the harassment on an earlier occasion, the deceased had stayed with her parents for about one month and subsequently she had joined the family of petitioners. It is stated that on 12.01.2019, the deceased had committed suicide. In light of the said incident, the complaint was lodged and FIR is registered. The investigation is complete and charge sheet has been filed.
3. The learned counsel for the petitioners states that the only imputation made out in the complaint was that the petitioners used to threaten the deceased that they would find another wife to the accused No.1.
4. It is further contended that accused No.1 as against whom imputation is made is enlarged on bail and therefore, the petitioners are also entitled to be enlarged on bail and they would co-operate with the investigation.
5. Taking note of the fact that the offence is one under Section 306, the question as to the harassment of petitioners resulting in the deceased committing suicide, is a matter to be proved during trial.
6. Further, taking note of the fact that accused No.1 has been enlarged on bail as submitted by learned counsel for the petitioners, which has remained uncontroverted, the petitioners are also entitled to be enlarged on bail in the event of their arrest. The nature of imputation against the petitioners is also an aspect that is taken note of and the petitioners are entitled to be enlarged on bail.
7. In the result, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.10/2019 for the offence punishable under Section 306 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.10/2019 within 15 days from the date of release of the order and shall execute personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when they are called upon.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, 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