IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MAY, 2019
THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.9728 OF 2018
Wajid Ur Rehaman,
S/o. Mujeeb ur Rehaman,
Aged about 26 years,
Sai Shakthi Layout,
(By Sri. Kemparaju, Advocate)
The State of Karnataka by
Electronic City Police Station,
Rep. by its public prosecutor,
High Court complex,
(By Sri. M. Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 439
Cr.P.C. praying to enlarge the petitioner on bail in
Crime No.267/2018 (C.C. No.9641/2018) of Electronic
City Police Station, Bangalore City for the offence P/U/S
498A, 306, r/w 34 of SectionIPC.
This Criminal Petition coming on for Orders this
day, the Court made the following:
The petitioner is accused No.1 in Crime
No.267/2018 registered at Electronic City Police
Station. After completion of investigation, charge sheet
has been filed against accused Nos.1 to 3 for the offence
punishable under Sections 498A, Section306 read with Section
34 of IPC.
2. The case of the prosecution is that the
deceased Sharada is the daughter of the complainant.
When the deceased was studying in Shivajinagara
College, she got acquainted with the petitioner herein
and the petitioner took her to his house and kept her
there. Thereafter, on the undertaking given by the
petitioner that he will look after the deceased properly,
the marriage of the deceased was performed with the
petitioner on 25.12.2015. For few days, the petitioner
looked after the deceased properly, but later, the
accused i.e., petitioner herein and his parents started
giving physical and mental torture to the deceased in
connection with petty matters. Thereafter, the deceased
and the petitioner herein started residing separately,
even thereafter, the petitioner and other accused were
harassing her. Unable to bear the physical and mental
torture at the hands of the accused persons, the
deceased committed suicide by hanging on 02.09.2018
in the matrimonial house.
3. The learned counsel appearing for the
petitioner submits that the accused Nos.2 and 3 have
already been enlarged on bail. The petitioner was living
cordially with the deceased. However, for unknown
reasons she has committed suicide. He submits that the
entire allegation does not attract the ingredients of
Sections 306 of IPC and accordingly, he seeks to enlarge
the petitioner on bail.
4. Per contra, the learned High Court
Government Pleader would contend that the petitioner
has instigated the deceased to commit suicide and
therefore Section 306 of IPC is attracted. He submits
that if the petitioner is enlarged on bail, then he will
tamper with the prosecution witnesses and hamper the
case and he may also flee from justice. Accordingly, he
seeks to dismiss the petition.
5. It is not disputed that the 2nd and 3rd
accused have already enlarged on bail. The investigation
is completed and charge sheet has been filed. The truth
or otherwise of the charge sheet averments have to be
established by the prosecution during the course of
trial. The petitioner is in judicial custody since
02.09.2018. He is not required for any further
interrogation. Since the investigation is completed and
charge sheet has been filed, I am of the view that the
petitioner may be enlarged on bail subject to conditions.
6. Accordingly, I pass the following:
The petition is allowed. The petitioner shall be
released on bail in Crime No.267/2018 registered at
Electronic City Police Station, pending in C.C.
No.9641/2018 on the file of the Chief Judicial
Magistrate (CJM), Bengaluru Rural District, Bengaluru,
for the offences punishable under section 498(A), 306
R/w 34 SectionIPC on the following conditions:
(i) The petitioner shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for
likesum to the satisfaction of the Trial Court.
(ii) The petitioner shall not tamper
with the prosecution witnesses and shall not
hamper the case in any manner.
(iii) The petitioner shall be regular in
attending the court proceedings.