Lokesh D V vs State Of Karnataka

K. Natarajan, J

This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., for granting bail in Crime No.66/2021 registered by Dobbespet Police for the offence punishable under Section 306 of Indian Penal Code.

Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

The case of the prosecution is that one Dhanush, the brother of the deceased-Navyashree has filed a complaint before the Police on 21.04.2021 alleging that his sister Navyashree was married to one Vishwanath in the year 2017. They have one daughter and they lived at a rented house in Beerasandra Village. On 20.01.2021, he received a message from his sister's mobile phone requesting him to call back stating that she is no more interested to live in the world. Immediately, he called back, when enquired with his sister, she disclosed that one Lokesh, the present petitioner is said to have come and contacted her and he was in love with her and he took some photographs of them being together and threatened her by telling that he would be sending these photographs to the social media and also intimate her husband. Therefore, she called the complainant. The complainant however consoled her and told not to worry and leave it, he would take care of it. Again on 21.04.2021 at about 12.30 p.m. he received the message from his sister that she is not interested in living in this world and she wants to commit suicide. Admittedly, later at about 2.15 p.m. his sister's dead body was floating in the lake water. Thereafter, complaint came to be registered and he has been arrested on 08.06.2021 and he has been remanded to judicial custody. The petitioner has moved the bail petition before the Session Judge, which came to be rejected. Hence, the petitioner is before this Court.

Per contra, learned High Court Government Pleader for the respondent-State seriously objected for granting bail.

Upon hearing the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and on perusal of the records, admittedly, the deceased was a married woman who committed suicide by drowning in the lake water. The allegation against the petitioner is that he had an illicit relationship with the deceased- married woman and taking the photographs of the deceased and threatening her that he will disclose the fact to her husband and also webhost the same in social media, due to which, she was forced to commit suicide. Investigation has already been completed. Charge sheet has been filed. There is no material placed on record except the statement of complainant. There is no other material placed by the prosecution to show that any call details record, whatsapp messages and other materials are said to have been sent by the accused to the deceased and conversation between them.

By looking into the facts and circumstances of the case, I am of the view that without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner/accused is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

ORDER The criminal petition is allowed.

The jurisdictional Court is directed to release the petitioner/accused on bail in Crime No.66/2021 registered by Dobbespet Police for the offences punishable under Section 306 of Indian Penal Code, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

iii) Petitioner shall not indulge himself in similar offences strictly;

iv) Petitioner shall take the trial without causing any delay; and

v) Petitioner shall not leave the jurisdiction of this Court without prior permission.