Karnataka High Court
Eranna @ Eranna.S.Honnura vs The State Of Karnataka on 11 July, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL No.1781 OF 2021
BETWEEN:
ERANNA @ ERANNA S. HONNURA,
S/O. SHRISHAIL HUNNUR,
AGE:24 YEARS, OCC:JUNIOR LINEMEN,
HESCOM, DAVANAGERE,
R/O. C/O: T. RAJU, BAMBOO BAZAR,
NEAR MALLIKARJUN TEMPLE,
DAVANAGERE - 577 001,
PERMANENT R/O. HULAKUNDI VILLAGE,
RAMDURGA TALUK,
BELAGAVI DISTRICT - 583 102. ... APPELLANT
[BY SRI. ANGADI RAJASHEKHAR HOLABASAPPA, ADVOCATE]
AND:
1. THE STATE OF KARNATAKA
(RMC YARD POLICE STATION, DAVANAGERE)
BY ITS S.P.P., BENGALURU - 560 002.
2. MALLESH NAIK,
S/O. SAKAR NAIK,
AGE: 48 YEARS, OCC: LABOUR,
R/O. BHARATI COLONY, 12TH CROSS,
DAVANAGERE - 577 004. ... RESPONDENTS
[BY SRI. R.D. RENUKARADHYA, HCGP., FOR R1/STATE.
SRI. M.R. HIREMATHAD, ADVOCATE FOR R2.]
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2)
OF THE SC AND ST (POA) ACT, 1989 AND RULES, 1995
(MEMORANDUM OF BAIL PETITION U/S 439 OF CR.P.C.,) PRAYING
TO SET ASIDE THE IMPUGNED ORDER DATED 08.10.2021, PASSED
BY THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND SPECIAL JUDGE, DAVANAGERE IN S.C. NO.116/2021,
2
CONSEQUENTLY ENLARGE THE ACCUSED/APPELLANT ON BAIL IN
CONNECTION WITH S.C. NO.116/2021 PENDING ON THE FILE OF
LEARNED II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE, DAVANAGERE IN RMC YARD POLICE STATION,
DAVANAGERE, IN CRIME NO.41/2021, FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS 306, 417 OF IPC., AND
3(1)(r)(s)(w), 3(2)(v-a) OF PREVENTION OF ATROCITIES ACT AND
TO ALLOW THE APPEAL.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the accused in Crime
No.41/2021 of R.M.C.Yard Police Station, Davanagere
District, praying to set aside the Order dated 08.10.2021
passed by the Court of II Additional District and Sessions
Judge and Special Judge, Davanagere, rejecting his petition
filed under Section 439 of Cr.P.C., seeking regular bail.
2. Heard both sides.
3. Charge-sheet is filed against the accused for
offence payable under Sections 306, 417 of IPC and
Sections 3(1)(r),(s)(w) and 3(2)(v-a) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 [hereinafter referred to as 'SC and ST [POA] Act' for
short].
4. The sum and substance of the prosecution case
is that, the appellant/accused was working as a junior
lineman at HESCOM, Davanagere. The victim got
acquainted with the accused while she was going to pay
the electricity bills. The accused forced her to love him,
promising that he will marry her and received certain
jewelry and cash from her. Thereafter, saying that she is
from a lower caste, refused to marry and also abetted her
to commit suicide. Being depressed and on account of the
abetment, she committed suicide in her house on
06.06.2021 by hanging herself using saree, between 7.15 -
9.00 a.m.
5. The learned High Court Government Pleader has
contended that there is a video recording of the victim
wherein, she has clearly stated that the appellant is
responsible for her to take the extreme step. He contends
that the appellant in the guise of marriage, forced the
victim to love him and received gold and cash from her and
thereafter, on the ground that she is from a lower caste,
refused to marry. He submits that there is sufficient
material to show that the appellant is responsible for the
victim to commit suicide and therefore, there is a prima
facie case. Further submits that in the event of grant of
bail to the appellant, there are chances of tampering the
prosecution witnesses and also fleeing from justice.
Therefore, seeks to reject the petition.
6. The learned counsel for respondent No.2 has
filed statement of objections and vehemently contended
that in the guise of marriage, the appellant forced the
victim to love him and then took her money, jewelry and
abetted her to commit suicide on the ground that he is
from upper caste and she is from a lower caste. He
contends that the mobile phone of the victim has been
recovered and the video recoding has been retrieved. He
therefore contends that there is a prima facie case and the
appellant is not entitled for the relief of bail.
7. The complaint is lodged by the father of the
deceased on 06.06.2021 at about 3.30 p.m. alleging that
his daughter has been working as a beautician and she got
acquainted with the appellant, who was working as a
lineman in HESCOM, Davanagere. The appellant with an
assurance of marriage, received cash as well as jewelry
from his daughter and thereafter refused to marry her
saying that she hails from a lower caste and he is from a
upper caste.
8. The complainant has stated that on 05.06.2021,
his daughter was weeping and therefore when they
enquired, she informed that she is depressed because of
the conduct of the accused and later, on the next day
morning, he found that his daughter had committed suicide
by hanging.
9. It is not in dispute that the prosecution has
recovered certain video recording of the deceased,
accusing the appellant. However, whether the appellant
has intentionally aided or abetted her to commit suicide or
whether his conduct was of such a nature, which drove her
to take the extreme step, has to be established by the
prosecution during trial. Though it is alleged that the
accused has received gold as well as cash from the victim,
no material is placed at this stage to show as to how much
cash or gold was taken by the appellant.
10. The charge-sheet material would disclose that
the accused was in love with the deceased. It is alleged
that since the deceased belong to 'lambani' caste, he
refused to marry her and thus cheated her and therefore,
she committed suicide. The said allegation has to be
established during trial.
11. The appellant was arrested on 09.06.2021 and
he is in judicial custody. Now, the investigation is
completed and the charge-sheet has been filed. He has
undertaken to abide by condition/s and to regularly appear
before the trial Court. Hence, without expressing any view
on the merits of the case, the appellant can be admitted to
bail by imposing suitable conditions. Accordingly, the
following:
ORDER
Appeal is allowed.
The appellant shall be released on bail in Crime
No.41/2021 of RMC Yard Police Station, Davanagere
District, registered for offences punishable under Sections
306, 417 of IPC, Sections 3(1)(r),(s),(w) and 3(2)(v-a) of
the SC and ST [POA] Act, pending in S.C. No.116/2021 on
the file of the Court of II Additional District and Sessions
Judge and Special Judge, Davanagere, subject to following
conditions:
(1) He shall execute a personal bond in a
sum of `1,00,000/- [Rupees One Lakh
only] with two likesum sureties to the
satisfaction of the learned Sessions
Judge.
(2) He shall furnish proof of his residential
address and shall inform the Court, if
there is change in the address.
(3) He shall not tamper with the
prosecution witnesses either directly or
indirectly.
(4) He shall not leave the jurisdiction of
trial Court without prior permission of
the learned Sessions Judge.
(5) He shall be regular in attending the
Court proceedings.
SD/-
JUDGE
Ksm*
