IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4357/2019 BETWEEN:
VIVEKANANDA R S/O.J.RAMACHANDRA AGED ABOUT 23 YEARS R/A.NO.43, X-SERVICEMEN COLONY 2nd CROSS, DINNUR MAIN ROAD R.T.NAGAR, BENGALURU. ..PETITIONER (BY SRI .H.JAGADEESHA, ADV.) AND:
THE STATE OF KARNATAKA BY R.T.NAGAR POLICE STATION BANGALORE 560 065 REP. BY THEIR PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE 560 001.
…RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.54/2019 (C.C.No.11127/2019) OF R.T.NAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S/306 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 HCGP appearing for respondent-Police and perused the records.
2. Respondent-Police laid a charge sheet in CC No.11127/2019 for the offence punishable under Section 306 of IPC against the petitioner.
3. The case of the prosecution is that, the accused and sister of CW.1(deceased Kavitha) were close to each other and they were loving each other and for various reasons, they stopped talking to each other. After sometime, it is alleged that accused had intimated to the deceased that he has taken out some nude photos of her and he will upload the same and demanded Rs.30,000/- from her for not posting the said nude photos online. It is alleged that, because of this reason, the said lady Kavitha committed suicide on 17.3.2019 by hanging herself in her house. On the basis of said allegations, a thorough investigation has been made and the Police have submitted charge sheet.
5. It further discloses that there are no other strong circumstance against the petitioner to believe that he had involved in the crime at this stage. Further, it is not clear as to whether accused-petitioner had done the above said act and there is nothing on record to indicate as to what made her to commit suicide nor blackmailing for extortion of money or knowing fully well the said act may also lead her to commit suicide. These facts have to be established during the course of a full-dressed trial.
6. In the above circumstances, the prosecution has to bring home the guilt of the accused beyond reasonable doubt by means of proof of all the circumstances. Therefore, under the abovesaid circumstances, the petitioner has to be released on bail as the offence is not punishable either with death or imprisonment for life. Hence, the following order.
Petition is allowed. The petitioner (accused no.1) shall be released on bail in connection with C.C.No.11127/2019 (Crime NO.54/2019) on the file of R.T.Nagar Police, the LVI Additional Chief Metropolitan Magistrate, Bengaluru registered against him for the offence under Section 306 of IPC subject to the following conditions.
1. 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 jurisdiction court.
2. The petitioner shall appear before the trial court on all the future hearing dates unless exempted by the court. He shall not leave the jurisdiction of the trial court without prior permission till the case registered against him is disposed off.
3. The petitioner shall not in any manner directly or indirectly, indulge in threatening or tampering the prosecution witnesses.
4. The petitioner shall not indulge in further committing or repeating any such offences or indulge in any criminal activities.
It is made clear that if any of the conditions stipulated above are violated; State is at liberty to move for cancellation of bail before the concerned committal or trial court as the case may be.
Sd/- JUDGE Sk/-