IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.9728 OF 2018 Between:
Wajid Ur Rehaman, S/o. Mujeeb ur Rehaman, Aged about 26 years, R/at No.131, Kaveri Block, Sai Shakthi Layout, Mylasandra, Begur, Bengaluru-560 068.
... Petitioner (By Sri. Kemparaju, Advocate) And:
The State of Karnataka by Electronic City Police Station, Rep. by its public prosecutor, High Court complex, Bengaluru-560 001.
... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Crime No.267/2018 (C.C. No.9641/2018) of Electronic City Police Station, Bangalore City for the offence P/U/S 498A, 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 The petitioner is accused No.1 in Crime No.267/2018 registered at Electronic City Police Station. After completion of investigation, charge sheet has been filed against accused Nos.1 to 3 for the offence punishable under Sections 498A, 306 read with Section 34 of IPC.
2. The case of the prosecution is that the deceased Sharada is the daughter of the complainant. When the deceased was studying in Shivajinagara College, she got acquainted with the petitioner herein and the petitioner took her to his house and kept her there. Thereafter, on the undertaking given by the petitioner that he will look after the deceased properly, the marriage of the deceased was performed with the petitioner on 25.12.2015. For few days, the petitioner looked after the deceased properly, but later, the accused i.e., petitioner herein and his parents started giving physical and mental torture to the deceased in connection with petty matters. Thereafter, the deceased and the petitioner herein started residing separately, even thereafter, the petitioner and other accused were harassing her. Unable to bear the physical and mental torture at the hands of the accused persons, the deceased committed suicide by hanging on 02.09.2018 in the matrimonial house.
3. The learned counsel appearing for the petitioner submits that the accused Nos.2 and 3 have already been enlarged on bail. The petitioner was living cordially with the deceased. However, for unknown reasons she has committed suicide. He submits that the entire allegation does not attract the ingredients of Sections 306 of IPC and accordingly, he seeks to enlarge the petitioner on bail.
4. Per contra, the learned High Court Government Pleader would contend that the petitioner has instigated the deceased to commit suicide and therefore Section 306 of IPC is attracted. He submits that if the petitioner is enlarged on bail, then he will tamper with the prosecution witnesses and hamper the case and he may also flee from justice. Accordingly, he seeks to dismiss the petition.
5. It is not disputed that the 2nd and 3rd accused have already enlarged on bail. The investigation is completed and charge sheet has been filed. The truth or otherwise of the charge sheet averments have to be established by the prosecution during the course of trial. The petitioner is in judicial custody since 02.09.2018. He is not required for any further interrogation. Since the investigation is completed and charge sheet has been filed, I am of the view that the petitioner may be enlarged on bail subject to conditions.
6. Accordingly, I pass the following:
ORDER The petition is allowed. The petitioner shall be released on bail in Crime No.267/2018 registered at Electronic City Police Station, pending in C.C. No.9641/2018 on the file of the Chief Judicial Magistrate (CJM), Bengaluru Rural District, Bengaluru, for the offences punishable under section 498(A), 306 R/w 34 IPC on the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for likesum to the satisfaction of the Trial Court.
(ii) The petitioner shall not tamper with the prosecution witnesses and shall not hamper the case in any manner.
(iii) The petitioner shall be regular in attending the court proceedings.
sd/- JUDGE snc