Praveen and Others vs The State of Karnataka

K.N. Keshavanarayana

Apprehending their arrest by the Hassan Town Police in connection with non-bailable case registered in Crime No. 237/2012 for the offence punishable u/s 306 R/W Section 34 of I.P.C., the petitioners arrayed as accused Nos. 1 to 5 in the said case, have presented this petition u/s 438 of Cr.P.C. seeking the relief of anticipatory bail. One Hemaraju S/o Puttaswami Gowda, resident of Malliganahalli Village, Hassan Taluk was found struggling after having consumed poisonous substance on 7.9.2012 in front of the office of the Deputy Commissioner, Hassan District and immediately he was shifted to the hospital, where he breathed his last at about 8.00 p.m. on the said day. Thereafter, father of the deceased filed a complaint before the jurisdictional police interalia alleging that his son Hemaraju committed suicide by consuming poisonous substance in the background of mental and physical torture meted out to him by the petitioners and thereby they instigated the deceased to commit suicide.

On the basis of the said complaint, the police registered the case against the petitioners in Crime No. 237/2012 for the offence punishable u/s 306 read with Section 34 of IPC.

On coming to know of the registration of the case, the petitioners approached the Sessions Court u/s 438 of Cr.P.C. seeking the relief of anticipatory bail. However the said petition came to be rejected. Therefore, the petitioners are before this Court u/s 438 Cr.P.C. seeking the relief of anticipatory bail.

The petition is opposed by the prosecution.

I have heard both sides and perused the records.

A reading of the complaint lodged by the father of the deceased no doubt, prima facie, indicates that on 5.9.2012 there was an incident of assault on the deceased by these petitioners and in that regard, he was taken to the hospital and later on 6.9.2012 he was brought back to the Village from the hospital. The allegations further prima facie indicate that after the discharge of the deceased from the hospital, these petitioners, who are none other than the cousins of the deceased said to have abused the deceased and teased him saying that instead of living such a life, it is better that he should die. It is in that background, the deceased said to have consumed the poison on 7.9.2012.

Having regard to the allegations made in the complaint and other materials available on record at this stage, I am of the opinion that there are no reasonable grounds to believe that the petitioners have in any way abetted the commission of suicide by the deceased to attract the offence punishable u/s 306 read with Section 34 of IPC. Admittedly, the petitioners have been arraigned as accused persons in the non-bailable case registered by the respondent police. Therefore, their apprehension that they are likely to be arrested in connection with the said case is well founded.

Therefore, at this stage, having regard to the facts and circumstances of the case, I am of the considered opinion that there are no reasonable grounds to believe that the petitioners are guilty of any of the offences alleged. Hence, the petitioners are entitled for the relief of anticipatory bail. Accordingly, this petition is allowed. Respondent-police is directed to release the petitioners on bail in the event of their arrest in connection with Crime No. 237/2012 of Hassan Town Police, subject to the following conditions:

i) The petitioners shall execute personal bond for a sum of Rs. 25,000/- (Rupees twenty five thousand only) each with one surety for the likesum to the satisfaction of the Investigating Officer.

ii) Petitioners shall not tamper or terrorise the prosecution witnesses in any manner.

iii) Petitioners shall not indulge in any act similar to the one alleged.

iv) Petitioners shall appear before the Investigating Officer as and when required and co-operate in the investigation of the case.