Sri Srinivasa A G @ Srinivas Shetru vs State Of Karnataka
2022 Latest Caselaw 10943 Kant

                           1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 19TH DAY OF JULY 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.1078 OF 2022

BETWEEN:

SRI. SRINIVASA A.G. @
SRINIVAS SHETRU
S/O. LATE A.N. GOVINDA SHETTY,
AGED ABOUT 48 YEARS,
R/AT. KOTE STREET,
HOLAVANAHALLI VILLAGE,
HOLAVANAHALLI HOBLI,
KORATAGERE TALUK,
TUMAKURU-572 121.
                                    ... APPELLANT


(BY SRI. JAYANTHA H.T. & SRI. M. DEEPAK, ADVOCATES)

AND:

1.     STATE OF KARNATAKA,
       BY KORATAGERE POLICE,
       TUMAKURU.
       REPRESENTED BY
       PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BENGALURU.

2.     SRI. NARENDRA KUMAR S.G.
       S/O. GOPALAIAH,
       AGED ABOUT 34 YEARS,
       R/AT. SOMAPURA VILLAGE,
       HOLAVANAHALLI HOBLI,
       KORATAGERE TALUK,
       TUMAKURU-572 121.
                            2



     AND ALSO AT
     PUJANAHALLI,
     NANDHI HOBLI,
     CHIKKABALLAPURA TALUK,
     CHIKKABALLAPURA-562 101.
                                     ... RESPONDENTS

           (SRI. KRISHNA KUMAR K.K, HCGP FOR R-1)
           R-2 SERVED, UNREPRESENTED)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE
ORDER DATED 18.05.2022 PASSED BY THE HON'BLE III
ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU IN
CRL.MISC.P.NO.599/2022 AND ENLARGE THE APPELLANT ON
BAIL IN SPL.CASE NO.132/2022 ARISING OUT OF
CR.NO.266/2021 OF KORATAGERE POLICE, UNDER SECTION
306 OF IPC AND SECTION 3(2)(a)(va) IF SC/ST AMENDMENT
ACT.

      THIS APPEAL IS COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING;

                     JUDGMENT

This appeal is preferred by the accused praying to

set aside the order passed by the learned Sessions

Judge, and consequently to enlarge him on bail in a case

registered in Crime No.266/2021 of Koratagere Police

Station.

2. Heard the learned counsel for the appellant and

learned HCGP for respondent-1/State and perused the

material on record.

3. Respondent No.2 is served but there is no

representation.

4. Charge sheet has been filed against the

appellant for offence punishable under Section 306 of

IPC and Section 3(2)(VA) of SC/ST (POA) Act

(amendment Act 2015).

5. Case of the prosecution is that there was an illicit

relationship between deceased mamatha and the

accused-appellant. The deceased had given a hand loan

of Rs.15,000/- to the appellant. In spite of repeated

request, accused had not returned the said amount. On

09.10.2021 at about 5.00 p.m, accused came near the

house of deceased and quarreled with her and also

abetted her to commit suicide stating that if she commit

suicide then he need not return the amount. On account

of the same, on 10.12.2021 at around 9.30 a.m to

1.p.m, deceased committed suicide in her house by

hanging herself using a saree.

6. The learned counsel for the appellant has

contended that after an inordinate delay, a false case has

been foisted against the appellant. He contends that

initially the husband of deceased was made as one of the

accused and while filing charge sheet his name has been

dropped. He contends that it was informed to the police

that the deceased was suffering from stomach pain and

unable to tolerate the same she committed suicide. He

submits that there is no material to show that the

appellant has taken a hand loan of Rs.15,000/- from the

deceased and also that he has abetted her to commit

suicide. He submits that the learned Sessions Judge

without properly appreciating these aspects has

erroneously rejected the prayer seeking regular bail. He

submits that now the investigation is completed and

charge sheet has been filed and therefore by imposing

any conditions the appellant may be enlarged on bail.

7. Per-contra, the learned HCGP has contended that

during the course of investigation the death note written

by the deceased has been seized which clearly shows

that the appellant is responsible for the deceased to take

the extreme step. He submits that CW-5, namely the

daughter of the deceased is an eye witness to the quarrel

which took place prior to the incident in question. He

therefore contends that there is a prima-facie case

against the appellant and accordingly seeks to dismiss

the appeal.

8. The Incident has taken place on 10.12.2021 at

around 1.00 p.m. The complaint is lodged by the brother

of deceased, on the basis of which, initially a case was

registered against the appellant herein as well as the

husband of the deceased. A Perusal of the complaint

averments shows that the deceased was residing with

her husband and two children aged about 16 years and

14 years. The relationship between the deceased and her

husband was not cordial. Further, since one and half

years, the deceased was suffering from stomach pain

and in this regard appendix surgery was conducted. The

same was informed by the husband to the police after

she committed suicide. After the postmortem

examination the dead body was cremated. It is alleged in

the complaint that the appellant herein was having an

illicit relationship with the deceased and he had taken

some hand loan from her and in spite of deceased

insisting him to pay the amount he had not returned. It

is also alleged that the accused has abetted the

deceased to commit suicide.

9. Charge sheet has been filed only against the

appellant. The name of her husband who was shown as

an accused in the First Information Report, has been

deleted in the charge sheet. Certain death notes written

in a diary left behind by the deceased, have been seized,

wherein it is stated that the husband came to know

about her relationship with the appellant and therefore

he was giving her physical and mental torture. It is

alleged that the appellant has spoiled the life of the

deceased etc.

10. The question as to whether appellant has

intentionally aided or abetted the deceased to commit

suicide has to be established by the prosecution during

trial. At this stage it cannot be said that the ingredients

of the offences alleged against the appellant are made

out. Considering the entire facts and circumstances of

the case and also considering that now the investigation

is completed and charge sheet has been filed and the

appellant is in judicial custody since 10.01.2022, by

imposing appropriate conditions, the relief sought by the

appellant can be granted. Accordingly following:-

ORDER

Order dated 18.05.2022 passed in Criminal Misc.

Petition No. 599/2022 by the Court of III Additional

District and Sessions Judge is set aside.

The appellant is enlarged on bail in Crime

No.266/2021 of Koratagere Police Station now pending in

Special C.C No.132/2022 subject to following conditions:

(i) The appellant shall execute a personal bond for a sum of Rs.50,000/-(Rupees

Fifty Thousand only) with two sureties for likesum to the satisfaction of the learned Sessions Judge.

(ii) The appellant shall furnish his address proof and shall inform the Court, if there is any change in the address.

(iii) The appellant shall not tamper the prosecution witnesses either directly or indirectly.

(iv) Appellant shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge.

(v) Appellant shall appear before the Trial Court on all dates of hearing without fail.

Sd/-

JUDGE

VS