Akram Ali vs State Of Karnataka

K. N. Phaneendra, J

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent â€" State. Perused the records.

The petitioner has been charge sheeted for the offence punishable under Section 306 of IPC in CC No.51078/2020. The petitioner has approached

this Court for grant of anticipatory bail earlier in CRL.P.NO.8474/2019, which came to be dismissed on 6.1.2020, without expressing anything on the

merits or de-merits of the case. The investigation was yet to be completed and that too, the said petition was filed for anticipatory bail. But, the present

petition is filed for grant of regular bail u/s.439 of Cr.PC.

The brief factual matrix of the case are that:

The daughter of CW1 by name Kavya appears to have fell in love with the petitioner. They started loving each other for over a period of seven years.

It appears on the promise made by the petitioner that he would marry her, the said Kavya loved him. But, on 22.6.2019, the petitioner said to have

married one Salma Banu. When the deceased Kavya questioned the accused in this regard, he told that he has already married. Therefore, she should

go and live her life as she likes and not to disturb him and also he provoked her to commit suicide.

It is alleged that on the basis of such conduct of the petitioner, the deceased Kavya committed suicide in the house of CW-1 on 24.10.2019. The

charge sheet papers are not so meticulous as to from 22.06.2019 upto 24.10.2019, what was transpired between the parties so as to ascertain whether

such a long gap was sufficient to come to the conclusion and only on the basis of the conduct of the accused, the deceased has committed suicide and

that abatement of suicide has to be proved beyond reasonable doubt during the course of full dressed trial. The offence u/s.306 of IPC is not

punishable either with death or imprisonment for life.

In the above said circumstances, as the petitioner has already been in jail for more than six months, he is entitled to be enlarged on bail on certain

conditions. Hence, the following:

ORDER

The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with CC No.51078/2020 (Crime No.368/2019 of

Bheemanagar Police Station) pending on the file of the LXXI Addl. City Civil & Sessions Judge, Bengaluru, for the alleged offence, subject to the

following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the jurisdictional

Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed

of.

The jail authorities are directed to get the medical examination done on the accused before release in view of Pandemic COVID-19.