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