T. Chandrashekhar vs State of Karnataka

Budihal R.B., J.

This petition is filed by the petitioner-accused u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable u/s 306 of IPC registered in respondent Police Station Crime No. 36/2014. I have heard the learned Counsel appearing for the petitioner-accused and the learned High Court Government Pleader appearing for the respondent-State. 2. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record.

Looking to the averments made in the complaint dated 7.2.2014, the father of the deceased Sumathi made a complaint stating that about eight years back, his daughter deceased Sumathi married one Masthanaiah, who is a luggage tempo driver. Out of their wedlock, the deceased Sumathi got four children. Then one year back, the said Masthanaiah deserted Sumathi and he got another marriage. Hence, 9 months back, Sumathi along with her two children went with one Chandrashekar, the petitioner herein, to live with him. In this regard, the complainant lodged a missing complaint before Muttakuru Police Station, Andhra Pradesh. It is further alleged that on 5.2.2014 at about 9.00 p.m., the Sub Inspector of Police of Muttakuru Police Station informed the complainant that his daughter Sumathi has committed suicide by pouring kerosene or: herself and she ignite fire herself and sustained injuries on her body at Yelahanka, Bangalore. It was further informed that she was admitted to Victorial Hospital and however, she died. Thereafter, the complainant and other relatives came to Bangalore and enquired with the neighbours and came to know that the petitioner tortured the deceased and he had not taken care of the deceased and her children. They further came to know that the petitioner used to abuse the deceased in filthy language and because of all these reasons, the deceased committed suicide.

Perusing the other materials, though it is alleged that the incident occurred on 5.2.2014 and the same was informed by the police to the complainant immediately, the complaint was lodged on 7.2.2014, i.e., after delay of two days. The materials further go to show that on the same day, the petitioner voluntarily surrendered before the police which is mentioned in the remand application.

So far as the allegations that the petitioner used to give ill treatment to the deceased as well as her children and he was not maintaining them properly and abusing her in filthy language, the prosecution has relied on the statement of the neighbours of the deceased who have stated before the complainant about the said ill treatment. Looking to the case of the prosecution, initially the deceased was given in marriage to one Mastanaiah and about one year back, prior to the alleged incident, the said Mastanaiah deserted the deceased. He married another girl. Therefore, the deceased, about 9 months back, along with her children went along with the petitioner to live with him. It is not the case of the prosecution that the petitioner married the deceased but, it is their case that both of them were living together along with the children.

The learned HCGP submitted that looking to the statement of neighbours, it goes to show that the petitioner was giving ill treatment and he was not properly looking after the deceased and her children and that was the reason for her to take a decision to pour kerosene and set fire herself. It is the contention of the prosecution that the petitioner abetted the commission of suicide by the deceased. It is not the case of the prosecution that on an earlier occasion, the deceased never informed either her father or any relatives about ill treatment said to have been given by the petitioner. In view of these things and also looking to the conduct of the petitioner of his voluntarily surrendering before the police on 7.2.2014, the prosecution cannot have apprehension that in case if he released on bail, he will abscond. Therefore, looking to the materials on record and as the alleged offence is not exclusively punishable for death or imprisonment for life, I am of the opinion that by imposing reasonable conditions, the petitioner can be admitted to bail. In the result, the petition is allowed. The petitioner is ordered to be released on bail of the offence punishable u/s 306 of IPC registered in respondent Police Station Crime No. 36/2014, subject to following conditions:--

I. The petitioner shall execute bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) and shall offer a solvent surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner- shall attend the concerned Court regularly.