Karnataka High Court
Ravi vs The State Represented By on 9 September, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.5216/2019
BETWEEN:
Ravi
S/o Rajanna
Aged about 38 years
R/at No.37, Ward No.32
Girija Slum
Sugar Factor Circle
Mandya Town
Mandya - 571 401
...Petitioner
(By Sri. Muzaffar Ahmed, Advocate)
AND:
The State represented by
K. P. Agrahara Police Station
Represented by State
Public Prosecutor
High Court Buildings
Bengaluru - 560 001
...Respondent
(By Sri. Honnappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on bail in Crime
No.111/2019 of Kempapura Agrahara Police Station,
2
Bengaluru for the offence punishable under Section 306
read with Section 34 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 learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.111/2019 of Kempapura Argrahara Police Station for the offence punishable under Section 306 read with Section 34 of IPC.
3. Brief facts of the case are that, the complainant by name Rathnamma lodged a complaint stating that deceased-Madhu who was aged about 26 years had developed some illicit relationship with accused No.5-Kumari and developed some physical intimacy with her. In this context, her husband lodged a complaint against the deceased. In spite of that, the said relationship 3 was continued. Due to the said relationship, husband of Kumari committed suicide. In fact, since four years, deceased was not visiting his house. On 01.06.2019 deceased came to his house and taken away all the documents like Aadhar card, Pan Card and documents relating to vehicle. On the same day, in the afternoon, the complainant came to know that her son Madhu has committed suicide by consuming poison and has left a death note stating that petitioner and others are responsible for his death.
4. Under the above said facts and circumstances, the nature of allegations shows that the said Kumari has developed some intimacy with others also. Having come to know about the same, deceased committed suicide, which was earlier happened with the husband of Kumari. Though it is stated that phone numbers of the accused persons and death note of the deceased says the accused persons are responsible for the death of deceased but no 4 specific reasons have been assigned to show that intention of the accused that they really had any intention to drive this petitioner to commit suicide or not, that has to be established during the course of full fledged trial. Investigation has been completed. Under these circumstances, in my opinion, petitioner-accused No.1 is entitled to be enlarged on bail. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.111/2019 of Kempapura Agrahara Police Station registered for the offence punishable under Section 306 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.5
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE SB