Karnataka High Court
Smt Alamelu @ Andala vs State Of Karnataka on 16 December, 2022
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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CRL.P No. 10809 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 10809 OF 2022
BETWEEN:
SMT. ALAMELU @ ANDALA
W/O ELUMALAI
R/AT NO.15, BTM MAIN ROAD
MADIWALA
BANGALORE 560 068
...PETITIONER
(BY SRI. TEJAS .N, ADVOCATE)
AND:
STATE OF KARNATAKA
BY ANNAPOORNESHWARI NAGAR POLICE STATION,
BANGALORE 560 091
REPRESENTED BY THE LEARNED
STATE PUBLIC PROSECUTOR
Digitally signed by HCK, BANGALORE-560 001
NAYANA S
Location: High
Court of Karnataka ...RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
THIS PETITION FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER
ARREST IN CR.NO.243/2022 OF ANNAPOORNESHWARI
NAGAR P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 306
AND 34 OF IPC, PENDING ON THE FILE OF V ADDL.C.M.M.,
NRUPATHUNGA ROAD, BENGALURU.
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CRL.P No. 10809 of 2022
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - accused No.2 filed the petition under Section 438 of Cr.P.C. seeking anticipatory bail, in the event of her arrest in Crime No.243/2022 of Annapoorneshwari Nagar Police Station, Bangalore for the registered offence punishable under Section 306 read with Section 34 of IPC.
2. The brief factual matrix leading to the case are that the complainant - Smt. Roopasri N., is the daughter of deceased- Ramya and she is staying with her husband, who is working as a delivery boy in Zomato. It is also alleged that about eight years back, her father has divorced her mother and he has settled in Krishnagiri District in Tamil Nadu and her mother was staying in Madivala in Bengaluru along with her son- Shakthi Kumar, who was attending college. It is also alleged that the deceased, mother of the complainant was doing clothes business and she has suffered loss in the business and she was unable to repay the loans received by her -3- CRL.P No. 10809 of 2022 from the petitioner and other two accused, who used to quarrel with her for repayment of the loan. It is also alleged that when the complainant had been to the house of her mother for delivery, accused No.3 came there and quarreled with her mother and obtained certain signatures of her mother on certain papers. It is further the case of the prosecution that being unable to bear the torture, her mother four months prior to her death, shifted her residence from Madivala to Nagarabhavi II stage and it is alleged that accused No.3 has sent some Whatsapp messages stating that she will display the poster containing the photos of deceased, complainant and her husband as well as her brother and threatened them of damaging their reputation.
3. It is further the case of the prosecution that on 29.09.2022, the deceased committed suicide by consuming some pills and after getting knowledge, she was immediately shifted to the hospital, wherein, she was declared brought dead. It is further the case of the prosecution that the deceased has also sent a video recording, wherein, it is -4- CRL.P No. 10809 of 2022 asserted that the present petitioner along with other two accused are the cause for her death. Hence, a complaint came to be lodged.
4. The petitioner apprehending her arrest approached learned Session Judge and learned Session Judge has rejected her bail petition. Hence, the petitioner is before the Court.
5. Heard the arguments advanced by the learned counsel for the petitioner and learned HCGP for the respondent- State. Perused the records.
6. Having heard the arguments and perusing the records, it is evident that there were certain monetary transactions between deceased and petitioner. Further, the allegation disclose that the petitioner along with other two accused used to pester the deceased for repayment of the loan. Mere insisting for repayment of loan cannot be termed as an abatement or instigation as per the ingredients of Section 107 of the IPC. In this case, the entire case is based on the alleged video recording, wherein, it is asserted that the petitioner along with other two accused is the cause for her death but in what -5- CRL.P No. 10809 of 2022 way they have instigated or abated the deceased in committing suicide is not at all forthcoming.
7. Looking to these facts and circumstances, prima- facie at this juncture, in my considered opinion, there is no impediment for admitting the petitioner on bail. Apart from that accused No.3 is already granted anticipatory bail in Crl.P.No.10769/2022 and on the ground of the parity, the present petitioner is also entitled for bail and petitioner being lady also falls under exception. The other apprehensions raised by learned HCGP can be meted out by imposing certain conditions. Hence, petition needs to be allowed and accordingly, I proceed to pass the following:
ORDER I. The petition is allowed.
II. The petitioner/Accused No.2-Smt. Alamelu @ Andala is directed to be enlarged on anticipatory bail in the event of her arrest in Crime No.243/2022 of Annapoorneshwari Nagar Police Station, Bengaluru City, registered for the offences punishable under Section 306 read with 34 of IPC, on her executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with one surety -6- CRL.P No. 10809 of 2022 for the like-sum to the satisfaction of the concerned Investigating Officer, subject to following conditions:-
i) Petitioner shall surrender herself before the Investigating Officer within fifteen days from the date of receipt of certified copy of this order and in the event of her surrender, the Investigating Officer/SHO shall release her on bail, as directed.
ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses.
iii) The petitioner shall make herself available to the Investigating Officer as interrogation and when required co-operate with for the Investigating Agency for proper investigation of the case.
iv) The petitioner shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE JY List No.: 1 Sl No.: 40