Karnataka High Court
Sachin K R vs State Of Karnataka on 7 January, 2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 7TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRL.P.No.7319/2012
BETWEEN:
Sachin.K.R.,
S/o Ramakrishna,
Aged about 23 years,
Residing at No.21, 5th Main,
B-Block, Vinayakanagara,
Bangalore-560 017.
Permanent Resident
Of 3rd Cross,
Vidyanagara, Tipaturu,
Tumkur District.
(Now in Judicial Custody) ... Petitioner
[By Sri.Hashmath Pasha, Advocate]
AND:
State of Karnataka,
By Inspector of Police,
Old Airport Police Station,
Bangalore-560 017.
Represented by
State Public Prosecutor,
High Court of Karnataka,
Bangalore. ... Respondent
[By Sri.K.Rajesh Rai, Government Pleader]
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This Criminal Petition is filed under Section 439 of
the Cr.P.C. praying to enlarge the petitioner on bail in
Crime No.93/2012 of Airport Police Station, Bangalore
City, which is registered for the offence punishable
under Section 306 of IPC.
This Criminal Petition coming for orders on this
day, the Court made the following: -
ORDER
Petitioner is the sole accused in C.C.No.23036/12 on the file of X Additional CMM, Bangalore (Crime No.93/12 of Old Airport Police Station, Bangalore). The petitioner is accused of having abetted commission of suicide by Miss Mala, daughter CW.1-Mythamma.
2. According to the case of the prosecution, the petitioner and deceased Mala who were studying in the same College in Tumkur later were employed in Bangalore and started living together in one room in Bangalore. They proclaimed themselves to be husband and wife to the general public. They were loving each other. The deceased expressed her desire to marry the petitioner in spite of the opposition from her mother on :3: the ground that they belong to different community. Nevertheless, they continued to live together in one room.
3. On 5.10.2012, there was some verbal altercation between the petitioner and the deceased and the petitioner left the house and while the deceased was alone in the house, she hanged herself to the ceiling fan inside the house and committed suicide. On returning to the house, the petitioner found no response from inside and immediately he informed the mother of the deceased and also the police. Thereafter the door was broke opened and dead body was brought down. The death note stated to have been left behind by the deceased was also found inside the house. Thereafter the mother of the deceased lodged a report based on which the case came to be registered and investigation was taken up. During investigation, the petitioner was apprehended and subjected to judicial custody. His application filed for bail before the learned Sessions Judge came to be rejected. Therefore, he is before this :4: Court. In the meanwhile, on completion of investigation, charge sheet has been filed and the matter is yet to be committed to the court of sessions.
4. Petition is opposed by the respondent - State.
5. I have heard both sides and perused the records made available.
6. Reading of the complaint allegations and also copy of the death note said to have been left behind by the deceased prima facie indicate that the petitioner and the deceased were living together under one roof projecting themselves as husband and wife to the neighbours but had not married. They appear to have lived in the said accommodation nearly for 1 year and 10 months. As per the contents of the death note, there was bickerings between the petitioner and the deceased, the deceased was feeling that she has been cheated by this petitioner. The petitioner stated to have refused to marry the deceased when she demanded him to marry :5: her. It is under these circumstances, the deceased seems to have committed suicide.
7. Having regard to the facts and circumstances of the case, at this stage, there are no reasonable grounds to believe that the petitioner has abetted the commission of suicide by the deceased attracting the ingredients of offence punishable under Section 306 of IPC. The offence alleged is not punishable with death or life imprisonment. The investigation is already over and charge sheet has been laid. There is no possibility of the petitioner tampering with the prosecution evidence. The petitioner is stated to be a permanent resident of Bangalore having been employed here. Therefore, there is no likelihood of the petitioner fleeing away from justice. In that view of the matter, the petitioner is entitled to be enlarged on bail.
8. Hence, the petition is allowed. The petitioner is ordered to be enlarged on bail in C.C.No.23036/12 on the file of X Additional CMM, Bangalore (Crime No.93/12 of Airport Police Station, Bangalore) on his :6: executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for the like sum to the satisfaction of the jurisdictional Magistrate/Sessions Judge and subject to the further conditions that:
i) He shall not tamper or terrorise the prosecution witnesses in any manner;
ii) He shall appear before the trial court on all hearing dates without fail and
iii) He shall not indulge in any acts similar to the one alleged in the case.
SD/-
JUDGE RS/*