Karnataka High Court
Shri. Parasappa S/O Gangappa Kabalapur ... vs State Of Karnataka on 18 August, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF AUGUST 2022
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.101974/2022
BETWEEN:
SHRI PARASA PPA S/O GAN GAPPA
KABALAPUR @ NAIK, A GE: 22 YEARS ,
OCC:A GRICULTURE/LABOURER,
R/O NELAGATTI VI LLAGE, TQ: GOKA K,
DIST:BELAGAVI-591307.
...PETITIONER
(BY SHRI RAM P.GHORPAD E, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY ANKALGI POLICE STATION ,
REPRES ENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD-11.
... RES PONDENT
(BY SHRI PRASHA NT V.MOGA LI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.438 OF
CR.P.C, S EEKING TO DIRECT THE RESPOND ENT-POLICE TO
ENLARGE THE PETITIONER/ACCUS ED NO.1 ON BAIL IN THE
EVENT OF HIS A RREST IN CRIME NO.30/2022 OF ANKALGI
POLI CE STATION PENDING ON THE F ILE OF ADDITI ONAL CIVIL
JUDGE (JR.DN) A ND JMFC COURT , GOKAK REGISTERED FOR
THE OFF ENCES U/ SEC.306, 504, 506 R/W 34 OF I PC, IN THE
INTEREST OF JUST ICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE F OLLOWING:
2
ORDER
Accused No.1 has filed this petition under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.30/2022 of Ankalgi Police Station registered for the offences punishable under Sections 306, 504, 506 read with Section 34 of Indian Penal Code, 1860, (hereinafter referred to as the 'I.P.C.', for brevity).
2. The case of the prosecution is that, a complaint came to be lodged by one Basappa Ningappa Talanatti, father of deceased Karevva on 08.05.2022, alleging that his daughter Karevva was given in marriage with one Bharamappa about one year back. Subsequently, petitioner-accused No.1 had illicit intimacy with Karevva. Therefore, husband of the deceased and the complainant advised accused No.1 to disconnect his relationship with Karevva. In 3 spite of the same, he continued illicit intimacy with deceased Karevva. Therefore, they also intimated this to other accused, who said to have abused and told that they asked the petitioner to have intimacy. Subsequently, the complainant has also made complaint to the parents of the petitioner-accused No.1 and later on 07.05.2022, the Karevva, daughter of complainant went to flour mill and accused No.1 also came there. Both of them met together and it is alleged that accused No.1 said to have informed that his wife is coming back. Therefore, they apprehend that his wife may not allow them to meet each other and both of them decided to commit suicide by consuming poison in their respective houses. Later the deceased consumed poison and committed suicide. But, accused No.1 did not consume the poison. The said complaint came to be registered in Crime No.30/2022 of Ankalgi police station for offences under Sections 306, 504, 506 read with 4 Section 34 of IPC. Therefore, apprehending his arrest, the petitioner-accused No.1 has filed Criminal Miscellaneous No.8085/2022, seeking anticipatory bail along with accused Nos.2 to 4 and the same came to be rejected by the learned XII Addl.District and Session's Judge, Belagavi sitting at Gokak vide order dated 30.05.2022. Therefore, the petitioner-accused No.1 is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel for the petitioner that, as the petitioner- accused No.1 asked the deceased to stop their illicit relationship as his wife is coming, the deceased has committed suicide and it does not amount to any abatement by the petitioner-accused No.1. It is his further submission that accused Nos.2 to 4 have been 5 granted anticipatory bail by this Court. The offences alleged against the petitioner-accused No.1 are not punishable with death or imprisonment for life. Whether the petitioner has abated the deceased to commit suicide can only be ascertained only after filing of the charge sheet and at the trial. It is his further submission that petitioner is ready to cooperate with the police officer in the investigation and he is ready to abide by the terms and conditions to be imposed by this Court. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that, the averments of the complaint itself goes to show that both deceased and the accused decided to commit suicide and accused has abated the deceased to commit suicide. It is his further submission that the investigation is still in progress and at this stage if the petitioner is granted anticipatory bail, he will hamper the investigation and 6 tamper the prosecution witnesses and flee from justice. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the FIR, complaint and orders passed by learned Session's Court.
7. As per averments of the complaint, this petitioner-accused No.1 had illicit intimacy with the deceased Karevva. This petitioner-accused No.1 met the deceased Karevva and told her that it is not possible to continue their illicit intimacy since his wife is coming back and both decided to commit suicide by consuming poison. The deceased consumed poison and committed suicide. Whether the act of this petitioner-accused No.1 asking the deceased to stop their illicit intimacy, will amount to abatement to commit suicide is a matter of investigation and trial. 7 The offences alleged against the petitioner-accused No.1 are not punishable with death or imprisonment for life. The petitioner has undertaken to co-operate with the investigating officer in the investigation and to abide by the conditions to be imposed by the Court.
8. The main objection of the prosecution is that, if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses, could be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following: 8
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 is ordered to be released on bail in the event of his arrest in Crime No.30/2022 of Ankalgi Police Station, 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 likesum to the satisfaction of the investigating officer.
ii. The petitioner shall voluntarily appear before the investigating officer within fifteen days from today and execute personal bond and furnish surety.
iii. The petitioner shall not tamper the prosecution witnesses directly or indirectly. iv. The petitioner shall Co-operate in the investigation and make himself available for interrogation whenever required.
v. The petitioner shall appear before the investigating officer on every Sunday 9 between 10:00 a.m and 2:00 p.m and mark his presence for a period of two months or till filing of the final report whichever is earlier.
Sd/-
JUDGE am