Arunkumar. K. M vs State By Begur Police Station
2023 Latest Caselaw 3996 Kant

Citation : 2023 Latest Caselaw 3996 Kant
Judgement Date : 5 July, 2023

Karnataka High Court

Arunkumar. K. M vs State By Begur Police Station on 5 July, 2023

Bench: K.Natarajan

                                                    -1-
                                                           NC: 2023:KHC:23127
                                                               CRL.A No. 654 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 5TH DAY OF JULY, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                   CRIMINAL APPEAL NO. 654 OF 2023
                      BETWEEN:
                      1.   ARUNKUMAR. K. M.
                           S/O MAILAR SHETTY
                           AGED ABOUT 32 YEARS
                           PRESENTLY R/AT NO.185
                           2ND FLOOR, IST MAIN
                           BEHIND SAIHADRI SCHOOL
                           GAREBHAVIPALYA
                           BEGUR HOBLI
                           BENGALURU-560068

                           PERMANENTLY R/AT KONAPURA VILLAGE
                           CHIKKAHALLI POST
                           KONANOOR HOBLI
                           ARAKELAGUD TALUK
                           HASSAN DISTRICT-573102
                                                                         ...APPELLANT
                      (BY SRI. A V RAMAKRISHNA., ADVOCATE)
                      AND:
                      1.   STATE BY BEGUR POLICE STATION
Digitally signed by
BHAVANI BAI G
                           REPRESENTED BY
Location: High             STATE PUBLIC PROSECUTOR
Court of Karnataka
                           HIGH COURT OF KARNATAKA
                           HIGH COURT BUILDING
                           BENGALURU - 560 011
                      2.   SMT MALLIKA
                           W/O PUTTAIAH
                           AGED ABOUT 50 YEARS
                           R/A HEBBANAHALLI VILLAGE
                           MUGALI POST, BELIGODA HOBLI
                           SAKALESHPURA TALUK
                           HASSAN DISTRICT-573134
                                                                      ...RESPONDENTS
                      (BY SRI. S. VISHWA MURTHY, HCGP FOR R1
                       R2 SERVED, UNREPRESENTED)
                                -2-
                                       NC: 2023:KHC:23127
                                         CRL.A No. 654 of 2023




     THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF SC/ST
(POA) ACT BY THE ADVOCATE FOR THE APPELLANT/S           PRAYING
THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) SET ASIDE
THE ORDER DATED 06.03.2023 PASSED BY THE LXX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU
(CCH-71) IN CRL.MISC.NO.1365/2023 BY ALLOWING THIS APPEAL.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

This appeal is filed by the appellant-accused under

Section 14A(2) of the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST

(POA) Act') for setting aside the order passed by the Special

Court in Crl.Misc.No.1365/2023 dated 06.03.2023 for having

rejected the bail application under Section 439 of Cr.P.C.

2. Heard the arguments of learned counsel for the

appellant and learned High Court Government Pleader for the

respondent - State. Respondent No.2 served, unrepresented.

3. The case of the appellant is that the appellant and

the deceased-Vasanthi said to be fell in love and married on

23.03.2021 and stayed at Bengaluru near Electronic City. After

NC: 2023:KHC:23127 CRL.A No. 654 of 2023

the marriage, the accused said to be harassing her physically

and not provided proper maintenance. The deceased-Vasanthi

was working in a Company doing work from home. The

deceased used to inform her sister and others regarding ill

treatment given by her husband. Subsequently, on 28.10.2022,

when the sister of the deceased tried to contact the deceased,

she has not lifted her phone call. Thereafter, she contacted the

appellant, where he said to be informed that Vasanthi has

committed suicide by hanging. Immediately, the said

information was given to the husband of the sister of the

deceased and in turn, he has informed to CW.7 and CW.7 went

to the house and found the deceased was hanged, then they

shifted to the private hospital thereto the Government Hospital,

then she was declared as dead. After registering the FIR, the

Police arrested the appellant on 30.10.2022 and he was

remanded to the judicial custody. His bail petition came to be

rejected. Hence, he is before this Court.

4. Having heard the arguments and on perusal of the

records, which reveals, the appellant and the deceased were

fell in love and got married on 23.03.2021 and it is an admitted

NC: 2023:KHC:23127 CRL.A No. 654 of 2023

fact that both of them were resided at Bengaluru in a rented

house and the appellant said to be an auto driver and deceased

was a B.Com Graduate and working in a private firm. There

was quarrel between the husband and wife where the deceased

said to be forced the accused to tie the mangalsutra (thali) as

the token of register marriage, but the accused refused for the

same and on 28.10.2022, she said to be committed suicide. A

death note was left by the deceased where she has stated that

no one is cause or no reason for her death. The death note is

not produced before the Court, but it is referred in the order

passed by the trial Court. The death was due to hanging by

suicide in the house of the appellant. Of course, there is a

presumption available under Section 113A of Indian Evidence

Act, that has to be considered only during the trial. the

statement of CW.7 reveals the accused tried to save the life of

the deceased by shifting her to the hospital and he himself

informed to the another daughter of the complainant and in

turn, she has informed to her husband and her husband

informed to CW.7 who visited the house and shifted the

deceased to the hospital. The appellant is in custody from

30.10.2022 for almost 8 months. The investigation is

NC: 2023:KHC:23127 CRL.A No. 654 of 2023

completed and charge sheet has been filed. Therefore,

considering the facts and circumstances of the case, I am of

the view, by imposing certain conditions, if bail is granted, no

prejudice would be caused to the prosecution case.

5. Accordingly, the appeal is allowed.

The order of the trial court is set aside.

The Trial Court is directed to release the appellant-

accused on bail in Crime No.270/2022 registered by Begur

Police Station for the offence punishable under Sections 498A

and 306 of IPC and Section 3(2)(v) of the SC/ST (POA) Act,

subject to the following conditions:

(i) The appellant shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court;