Venkatesh .S 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.304/2018 registered by Bommanahalli

Police for the offence under Section 306 of IPC.

The case of the prosecution is that the father of the deceased â€" Suma had filed a complaint before the Bommanahalli Police on 04.11.2018

alleging that his daughter was suffering from Thyroid problem, high B.P. and Sist in her womb. Therefore, she was unable to bare the pain and has

committed suicide. A case in UDR No.51/2018 under Section 174 of Cr.P.C. was registered and the body was returned back to the husband of the

deceased and cremated in their native place. On 06.11.2018, the daughter of the complainant informed him that her mother â€" his deceased wife was

speaking over the phone and she had written something in the diary and kept the same in almirah. After hearing the information from his daughter, he

checked the almirah and found a diary in the said almirah and after verifying the same, the complainant came to know that a person was harassing the

deceased and that he has cheated her and has also extracted 22 gms of gold bangles, Rs.50,000/- cash, 10 gms of gold ear studs, 3 gms of gold and

her daughter’s chain and also 3 gms of gold chain of her sister and the said person was threatening her that he would murder her sister and

daughter and he took her nude photographs and was threatening her that he would print her photos and throw the said photos in the road and he used

to call her a prostitute. Due to intolerable harassment, she has committed suicide. She had written two cell phone numbers where she has stated that

she is going to die and the Police should take action against him. It is also stated that the accused informed her that nobody will do anything against

him and he will kill her sister and daughter. Subsequently, she has committed suicide. On 10.11.2018, one Madhalingayya, the husband of the deceased

filed a complaint stating that his wife had committed suicide due to harassment caused on her by the accused petitioner and based on the complaint,

the petitioner is said to have been arrested by the Police. He was remanded to judicial custody 27.1.2021. The police is said to have filed the charge

sheet. He approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

There is no connecting evidence against him. The UDR is registered where the father has stated that she has committed suicide due to intolerable

pain of Thyroid and other diseases. But in the diary, it is said to have traced by the husband of the deceased on 06.11.2018 but he had kept the diary

with him for four days and he had not given the same to the police immediately which creates a doubt. Even the offence alleged against the petitioner

is not punishable with death or imprisonment for life. The charge sheet is filed and he is in custody. The presence of the petitioner may not be required

for further investigation. Hence, prayed for allowing the bail petition.

Per contra, the learned High Court Government Pleader objected the bail petition.

Upon hearing the arguments and on perusal of the records it goes to show that the death of the deceased by committing suicide is not in dispute.

The deceased was staying with her husband and children. The father of the victim had given the first information that his daughter might have

committed suicide due to Thyroid problem but subsequently, after cremation of the dead body, the husband of the deceased came to know through his

daughter â€" Bindu that his deceased wife was always talking with some person and she had written something in a diary and kept it in almirah. After

taking out the diary, it was revealed that the deceased has left a death note and the accused is the reason for her suicide who has sexually assaulted

and exploited her and extracted money and golden ornaments and threatened to kill her daughter and her sister and he was always yelling at her that

she is a prostitute and he was threatening the deceased that he would kill everybody and no one can do anything and he will publish her nude

photographs and on perusal of the same, the accused had not only extracted the deceased but he had also sexually assaulted her and was also

threatening her to commit murder of her whole family and he also threatened to publish her photographs by preparing a pamphlet and throwing on the

road. Due to intolerable harassment by the accused, she has committed suicide which reveals that the accused is directly involved in abetment of

committing suicide. Though, there was a delay in filing the complaint and furnishing the diary to the police, the said delay cannot be considered at this

stage. The offence is a heinous one. The accused had not only extracted the money from the deceased but also sexually assaulted her for which, she

has committed suicide. Therefore, I am of the view that the petitioner/accused is not entitled for bail.

Accordingly, the bail petition filed by the petitioner/accused under Section 439 of Cr.P.C., is dismissed.