Doddaiah and Others vs State of Karnataka

N. Ananda, J.—The petitioners arrayed as accused 1 to 9 in Crime No. 59/2008 registered for an offence punishable u/s 306 r/w. 149 IPC are apprehending their arrest in the above said crime. Therefore, they are seeking a direction u/s 438 Crl.P.C.

I have heard learned Counsel for petitioners and learned Government Pleader for the State.

The gist of the first information is as follows: The husband of complainant namely Puttarajn and complainant hails from of Hosaveedu Hundi village. Her marriage with abovesaid Puttarajn was performed about three years heck. He was working as driver in KSRTC. He was not taking proper care of the complainant. He had developed illicit intimacy with the daughter of I accused namely Sheela. In that connection, there used to be frequent quarrels between complainant her mother and her sister on one side and accused 1 to 8 on the other side.

The complainant had left her husband''s house and she was living in her parents house at Hosaveedu Hundi village.. On 26.12.2008 at about 8.00 p.m. accused 1 to 8 came near the house of mother of complainant and picked up a quarrel and abused the mother and elder sister of complainant. The neighbours namely Gurusiddaiah and Madaiah pacified the quarrel.

On 27.12.2008 at about 9.00 a.m. the mother and elder sister of complainant left their house to go to their land, at about 12.00 in the noon complainant went to the land and found both of them (mother and elder sister of complainant) were vomiting and smell of poison was emanating from their mouths. She immediately came to village and returned back to land with her neighbours by then, her mother and elder sister were dead. It is alleged in the first information that during previous night, accused 1 to 8 had abused abused complainant, the mother and elder sister of complainant in foul language, therefore, they became disgusted in life and committed suicide.

As could be seen from the averments of first information, accused 1 to 8 were not present near the place of occurrence. At this stage, there is no material to hold that they had instigated deceased persons to commit suicide. The abetment to commit suicide cannot be attributed to the quarrel which had taken place during the previous night Therefore, the direction sought for could be granted for a limited period.

In the result, criminal petition is accepted.

I. If petitioners are arrested by Hullahalli Police, in connection with Crime No. 59/2008, registered for an offence punishable u/s 306 r/w. 149 IPC, they shall be released on bail on their executing bonds for a sum of Rs. 25,000/- each and offering one surety for the like sum.

II. The petitioners shall appear before the investigation officer, for the purpose of investigation whenever called upon to do so.

III. The petitioners shall not. intimidate or tamper with prosecution witnesses.

IV. This order would he operative for a period of two months from today, within such time, petitioners shall appear before the jurisdictional Court and seek regular bail. In such an event, the learned judge of the jurisdictional court shall consider the hail applications without being influenced by the observations made in this order.