IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.6650/2018

BETWEEN:

Sunil Kumar @ Sunil N.K
S/o N.B. Kumaraswamy
Aged about 32 years
R/at No.7, Nethra Palt
Near Petrol Bunk
Kereguddadahalli
Chikkabanavara Post
Bangalore East-560 035. …Petitioner
(By Sri Mohankumar D, Advocate for
Sri Pradeep C.S., Advocate)

AND:
The State by
Soledevanahalli PS
High Court Govt. Pleader
High Court of Karnataka
Bangalore-560 001. …Respondent

(By Smt. Namitha Mahesh B.G, HCGP)

This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in
Cr.No.220/2018 of Soladevanahalli Police Station,
Bangalore for the offence punishable under Sections
498A, 304B of IPC.
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This Criminal petition coming on for Orders, this
day, the Court made the following:

ORDER

The present petition has been filed by the

petitioner/accused under Section 439 of Cr.P.C. seeking

his release on bail in Crime No.220/2018 of

Soladevanahalli Police Station for the offences

punishable under Sections 498A, 304B of IPC.

2. I have heard the learned counsel for the

petitioner and the learned High Court Government

Pleader for respondent-State.

3. It is the submission of the learned counsel

for the petitioner that petitioner/accused is innocent

and neither he is abetted nor instigated the deceased to

commit suicide. He further submitted that already the

charge sheet has been filed and the petitioner/accused

is not required for the purpose of further investigation

or interrogation. He further submitted that records also
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reveal the fact that the deceased has executed the

relinquishment deed in favour of her parents and

extinguished her property. When she executed the sale

deed, she came in depression and the parents have not

co-operated with her. As such, she committed suicide.

He further submitted that petitioner/accused went to

the house of the complainant and informed about the

said act of the deceased and thereafter he came to know

that the deceased has committed suicide by hanging

and the same was informed to the police and the

petitioner/accused has been apprehended. He further

submitted that the alleged offences are not punishable

with death or imprisonment for life. He is ready to abide

by any of the conditions imposed by this Court and

ready to offer surety. On these grounds, he prays to

allow the petition and to release the petitioner/accused

on bail.

5. Per contra, learned High Court Government

Pleader vehemently argued and submitted that the
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petitioner/accused is involving in an offence which is

serious in nature. She further submits that the conduct

of the petitioner/accused, if looked into he was aware of

the fact that the deceased committing suicide. Though

knowing fully well, he went to the house of the

complainant and pretends that he is not knowing

anything. Subsequently, informed to his uncle that the

deceased has committed suicide. This conduct itself

clearly goes to show that petitioner/accused is involved

in the alleged crime. She further submits that neighbors

have also specifically stated about the ill-treatment and

harassment caused by the petitioner/accused to the

deceased. There is ample material to connect the

petitioner/accused to the alleged crime. On these

grounds, she prays to dismiss the petition.

6. I have carefully and cautiously gone through

the contents of the complaint and other materials,

which has been produced along with the petition.
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7. The brief case of the prosecution is that the

deceased and petitioner/accused ran away from the

house and missing complaint was registered.

Subsequently, during the course of investigation, they

came to know that on 23.07.2016, she has married the

accused and were residing since then in Bengaluru. For

two years, they led happy marital life and six months

prior to her death, petitioner/accused started ill-

treating and harassing her on the ground that she has

executed a relinquishment deed in favour of her parents

and she has not brought any dowry and in that light, he

gave mental and physical harassment to the deceased.

The deceased used to tell the same to the wife of the

complainant and he told that the said fact may be

specifically caused to the death of the deceased by

hanging on 14.04.2018. On the basis of the complaint,

a case has been registered.

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8. I have gone through the contents of the

complaint, that itself clearly goes to show that

petitioner/accused and the deceased ran away from the

house and thereafter they got married and they also led

a happy marital life and because of the ill-treatment and

harassment given by the petitioner herein, the deceased

committed suicide. Whether the said act of the

petitioner/accused constitutes an offence as contended

in the charge sheet is the fact which has to be

considered and decided by the Court below. But

however, in order to attract the provision of Section 306

of IPC, there must be, instigation is to goad, urge

forward, provoke, incite or encourage to do “an act”. To

satisfy the requirement of instigation though it is not

necessary that actual words must be used to that effect,

or what constitutes instigation must necessarily and

specifically be suggestive of the consequence. Yet a

reasonable certainty to incite the consequence must be

capable of being spelt out. The present one is not a case
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where the accused had by his acts or omission or by

continued course of conduct created such circumstances

that the deceased was left with no other option except to

commit suicide. Even it is held by Hon’ble Apex Court in

the catena of the decision that in order to attract the

provision of Section 306 of IPC, there has to be clear

mens rea and it also requires an active act or direct act

which led the deceased to commit suicide seeing no

option and act must have intended to push the deceased

into such a position that she committed suicide because

of that force. But no such circumstances are put forth

by the prosecution to attract the provision of Section

306 of IPC. Already the charge sheet has been filed and

the petitioner/accused is not required for the purpose of

further investigation or interrogation. Under such

circumstances, I feel that the said offences are not

punishable with death or imprisonment for life. As

such, by imposing some stringent conditions, if he is
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released on bail, it would meet the ends of justice. In

that light, petition is allowed.

9. Petitioner/accused is enlarged on bail in

Crime No.220/2018 of Soladevanahalli Police Station for

the offences punishable under Sections 498A, 304B of

IPC subject to the following conditions:

1. Petitioner/accused shall execute a personal bond
for a sum of Rs.2,00,000/-(Rupees Two lakh only)
with two sureties for the likesum to the
satisfaction of the trial Court.

2. He shall not leave the jurisdiction of the Court
without prior permission.

3. He shall mark his attendance once in a month on
every 1st till the trial is concluded.

4. He shall not tamper with the prosecution evidence
directly or indirectly.

5. He should be regular in attending the trial.

Sd/-

JUDGE
nms