Harsha. N. vs State by Tiptur Rural Police

Budihal R.B, J.—This petition is filed by petitioners/accused Nos. 1 to 4 u/s 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of their arrest for the alleged offences punishable under Sections 323, 504, 506, 306 r/w Section 34 of IPC registered in respondent-police station Crime No. 54/2014.

Heard the arguments of the learned counsel for the petitioners-accused Nos. 1 to 4 and also the learned Government Pleader appearing for the respondent-State.

Learned counsel for the petitioners during the course of his arguments has submitted that the real facts are that petitioner No. 1 herein was in love with the deceased Ashwini and they both wanted to marry each other and as the members of the family of the deceased were making preparation to give her in marriage to some other person, she has committed suicide. Suppressing these material facts, by making false allegations that petitioners went to the house of the deceased and made galata and assaulted the mother of the deceased and abused them in filthy language, complaint has been filed against the petitioners. It is submitted that petitioners are innocent and have not committed the alleged offences and they are ready to abide by any conditions to be imposed by the Court.

As against this, learned Government Pleader during the course of his arguments has submitted that the averments in the complaint and the statement of witnesses shows that since the petitioners have abused the deceased as well as the family members of the deceased, thinking that her family respect and prestige has been tarnished by the petitioners, she has committed suicide. The matter is still under investigation. Hence, petitioners are not entitled to be granted with bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials produced along with the petition.

As per the complaint averments, on the alleged date of incident i.e., on 7.6.2014, when the complainant, his mother and sister were in the house, petitioners along with two other persons came to their house and petitioner No. 1 told the mother of the deceased that he is in love with their daughter Ashwini and want to marry her. At that time, galata took place and the petitioners abused the complainant and his family members in filthy language and also assaulted the mother of the complainant with hands and due to this incident, the deceased has committed suicide. However, in the complaint averments, there is no allegation that petitioners have assaulted the deceased either with hands or with any other weapon. The only allegation is that they have abused the complainant and his family members. It is the allegation that only on this basis, deceased has committed suicide.

Looking to the materials on record and as the petitioners have contended in their petition that they have not committed the alleged act and there is a false implication of them and they have also undertaken to abide by any conditions to be imposed by the Court and the alleged offence u/s 306 of IPC is also not exclusively punishable with death or imprisonment for life, I am of the opinion that petitioners can be admitted to bail by imposing reasonable conditions.

Accordingly, petition is allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the alleged offences under Sections 323, 504, 506, 306 r/w Section 34 of IPC registered in respondent-police station Crime No. 54/2014, subject to the following conditions:

(i) Each petitioner shall execute a personal bond for a sum of Rs. 1,00,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.

(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) They shall mark their attendance before the respondent-police station once in every fortnight preferably on Sunday between 10.00 a.m. and 12.00 noon till the completion of investigation and filing of charge sheet.

(iv) They shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.