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CRL.P. NO.8587/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2019
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.8587 OF 2018
BETWEEN:
ANANDA. B
S/O. BOREGOWDA
AGED ABOUT 35 YEARS
RESIDING AT KIRANGURU VILLAGE
K. SHETTAHALLI HOBLI
SRIRANGAPATNA TALUK
MANDYA DISTRICT
PIN CODE: 571 430 … PETITIONER
(BY SHRI VEERANNA G. TIGADI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SRIRANGAPATNA TOWN POLICE STATION
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001 … RESPONDENT
(BY SMT. B.G. NAMITHA MAHESH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.18/2018 OF SRIRANGAPATNA POLICE STATION, MANDYA DISTRICT
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 304B, 34 OF
IPC AND SECTIONS 3 AND 4 OF D.P. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
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CRL.P. NO.8587/2018
ORDER
This petition under Section 439 of Cr.P.C. is filed
by accused No.1 seeking enlargement on bail in
Crime No.18/2018 registered in Srirangapatna Police Station
for offences punishable under Sections 498A and
304B read with 34 of IPC.
2. Heard Shri Veeranna G. Tigadi, learned advocate for the
petitioner and Smt. B.G. Namitha Mahesh, learned HCGP for
the State.
3. Petitioner is accused of commission of offences
punishable under Sections 498A and 304B read with 34
of IPC as per complaint dated 26.01.2018 lodged by his
father-in-law Kempaiah S.K., registered as FIR No.18/2018 in
Srirangapatna Police Station, Mandya.
4. Learned advocate for the petitioner submits that
petitioner was married with Spoorthy on 19.06.2017. On
26.01.2018, Spoorthy committed suicide. Accordingly,
Spoorthy’s father lodged the instant complaint against
petitioner and his parents. Police, after investigation have
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filed charge sheet against three accused persons and trial is
pending in the Court of III Additional District Sessions
Judge, Mandya. Petitioner was arrested on 27.01.2018 and
he has remained in custody since then. Petitioner’s father was
granted bail by learned Additional District Judge in
C.MISC.No.5148/2018 decided on 09.05.2018. Petitioner’s
mother was granted bail by this Court
in CRL.P.No.3831/2018 decided on 14.06.2018.
5. Shri Tigadi submits that deceased Spoorthy was
mentally unstable. She had attempted to commit suicide on
three earlier occasions. He has produced medical records of
JSS Hospital, Mysuru, to show that Spoorty had attempted to
commit suicide on 23.01.2017. On the last date of hearing,
this Court had directed the learned HCGP to complete
instruction on this aspect. Accordingly, learned HCGP has
produced the full medical records of JSS Hospital, Mysuru.
6. A careful perusal of the case sheet maintained by the
JSS Hospital shows that deceased had a previous history of
suicide. It is also recorded that there is a family history to
commit suicide and Spoorty’s maternal uncle
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also had attempted to commit suicide. With regard to mental
condition of the deceased, one doctor Shivanand of JSS
Hospital has opined as “impulsive self harm”.
7. Shri Tigadi further submitted that petitioner is aged 35
years and he is an agriculturist. Accordingly, he prays that
petitioner be enlarged on bail.
8. Learned HCGP opposing the petition argued that there
is an audio clip, which prima facie shows that petitioner is
responsible for driving the victim to commit suicide.
9. I have carefully considered the rival contentions and
perused the records.
10. Medical records shows that the victim had attempted to
commit suicide on 23.01.2017 and doctors attending on her
have opined as noted hereinabove. Marriage has taken place
nearly five months after the said incident. Unfortunately,
within next seven months, victim has passed away by
committing suicide.
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11. Medical report by JSS Hospital shows that the victim
had a family history of suicidal tendency and she had also
attempted to commit suicide. Since, the medical opinion
shows the condition of the deceased Spoorty as “impulsive
self harm”, in my view, petitioner shall be entitled for bail.
12. In the result, this petition merits consideration and
deserves to be allowed. Accordingly, it is directed that:
(i) Petitioner shall be released on bail in
Crime No.18/2018 registered in
Srirangapatna Town Police Station, upon his
executing a self bond for a sum of
Rs.1,00,000/- with two solvent sureties for
the likesum to the satisfaction of the
jurisdictional Court;
(ii) Petitioner shall not tamper with the
evidence;
(iii) Petitioner shall not directly or indirectly
make any inducement, threat or promise to
prosecution witness or any person
acquainted with the facts of the case, so as
to dissuade him from disclosing such facts
to the Court or investigating officer;
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(iv) Petitioner shall not involve himself in any
criminal activities and;
(v) If the petitioner violates any one of the
conditions, the prosecution shall be at liberty
to seek cancellation of bail.
Petition allowed.
Sd/-
JUDGE
AV
