At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE N.K. SUDHINDRARAO
For the Petitioner: M. Krishna Murthy, Advocate. For the Respondent: V.S. Vinayaka, High Court Government Pleader.
(Prayer: This Criminal Petition is filed Under Section 439 of Criminal Procedure Code by the advocate for the petitioner praying to enlarge the petitioner on bail in Cr.No.101/2020 of Yeshwanthapura P.S., Bengaluru City for the offence Punishable under Section 306 of Indian Penal Code.)Through Video Conference:1. This matter is taken up through Video Conference today. Heard learned counsel Sri.Krishna Murthy M, for the petitioner through video conference and Sri.V.S.Vinayaka, learned HCGP for the State who has appeared before the Court.2. This petition is filed under Section 439 of Cr.P.C, wherein the petitioner seeks relief of bail in Crime No.101/2020 for the offences punishable under Section 306 of IPC.3. Previously, the petitioner made application before the before the LXXI Additional City Civil and Sessions Judge, Bengaluru City (CCH-72) in Crl.Misc.No.3323/2020 and that came to be dismissed on 25.06.2020.4. In order to avoid confusion and overlapping, the parties are referred in accordance with their ranks before the Trial Court.5. The substance of the complaint as could be seen from the certified copy of the order dated 25.06.2020 in Crl.Misc.No.3323/2020 is as under:"The brief facts of the bail application is that the deceased is the daughter of the complainant who was in love with the petitioner. That the complainant had called the petitioner and warned him not to disturb her daughter and both the deceased and the petitioner had agreed to the same. That the petitioner used to follow the deceased wherever she went and was forcing the deceased to agree his love otherwise he would kill her. That on 03.06.2020 at 9.30 p.m. when complainant and her son went to the market, the deceased has called the son of the complainant and informed that the petitioner came near the house, broke the window glass and abused in filthy language stating that the petitioner is in love with some other girl and asked the deceased to go and die. That without tolerating the torture of the petitioner, deceased informed her brother that she is going to commit suicide. It is alleged that immediately complainant's son reached the place and saw the deceased had committed suicide by hanging. Hence, the petitioner has abetted the deceased to commit suicide and thereby he has committed the alleged offence."6. The victim is one Kumari Kavya. The complainant's daughter was in love with one Raju and in this connection, the complainant had warned Raju. Her daughter also kept quiet. Again when the victim was being followed by the said Raju who was forcing her to love him, otherwise would kill her. It is also stated that Raju has telephoned Varadaraj and informed that he was in love with his sister. It is also stated that said Raju has threatened the brother of the complainant also. On 03.06.2020 at about 9.30 pm., the complainant had gone to Dasanapura vegetable market to bring vegetables and her son also had gone with her. At about 10.30 pm., Kavya telephoned and said that she is not going to love Raju. She also stated that Raju came to house and abused her, broke the window and also stated that he is loving other girl and asked her to go somewhere or hang and die. The complainant immediately asked her son also to come. They went home but the door was not open and on breaking open the door, it was seen that the daughter had hanged herself to the sealing fan and died and they took her to M.S.Ramaiah Hospital and she was declared dead. Learned counsel submits that the petitioner is very innocent of the offences and he has not harassed, tortured or done any illegal act.7. Learned High Court Government Pleader submits that the petitioner is the root cause for commission of suicide by the victim girl.8. In the over all circumstances of the case, at this stage, it is stated that the petitioner was pestering the victim girl to love him. There is also complaint of he threatening the victim girl of life.9. On the date of incident, according to the complainant, in the night when the complainant's mother had gone to the market, victim girl telephoned and stated to his son that because of the torture and harassment and the statement of the accused that he is going to marry some other girl and that the victim girl should die and also broke the window and involved in the act of vandalism. The offence registered against the accused is punishable under Section 306 of IPC, which provides for abetment to commit suicide. The commission of offence has to be tried and adjudicated on the basis of conduct and acts of the accused and also the independent circumstances. He is stated to be in judicial custody from 05.06.2020 in the circumstances of the case.10. In the over all context and circumstances of the case, I find that if the accused is enlarged on bail, no prejudice would be caused to the prosecution and ends of justice and apprehension of prosecution could be resolved by imposing suitable conditions.11. Accordingly, petition is allowed. Petitioner is hereby released on bail in Cr.No.101/2020 registered by respondent-police against the petitioner for the offence punishable under Section 306 of IPC, subject to the following conditions:i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum.ii) The petitioner-accused shall not terrorize the witnesses or tamper with the prosecution witnesses in any manner.iii) The petitioner-accused s
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hall mark his attendance before the Investigating Officer on every second Saturday between 9.00 p.m. and 10.00 p.m. until further orders by the Committal Court or Committal of the case whichever is later.iv) The petitioner-accused shall not come into contact with any of prosecution witnesses.v) The petitioner shall undergo medical check-up in the light of pandemic Covid- 19, immediately upon his release on bail, by a medical officer and quarantine himself exclusively in his house for a period of 14 days from the date of release unless he is required for hospitalization to prevent further complications.