Karnataka High Court
Srinath @ Sreenatha vs State Of Karnataka on 15 September, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:33747
CRL.A No. 1521 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1521 OF 2023
BETWEEN:
SRINATH @ SREENATHA
S/O. LATE LAKSHMAIAH @ LAKSHMAPPA
AGED ABOUT 25 YEARS
R/AT BODAGURKI VILLAGE
KAMASAMUDRAM HOBLI
BANGARAPET TALUK
KOLAR DISTRICT - 563 121.
...APPELLANT
(BY SRI. A. CHETHAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KAMASAMUDRAM POLICE STATION
KOLAR DISTRICT
REPRESENTED BY
Digitally signed by STATE PUBLIC PROSECUTOR
LAKSHMINARAYANA
MURTHY RAJASHRI
HIGH COURT BUILDING
Location: HIGH BANGALORE - 560 001.
COURT OF
KARNATAKA
2. SMT. ARUNA
W/O. SRINIVASA
AGED ABOUT 29 YEARS
R/AT BODAGURKI VILLAGE AND POST
BANGARAPET TALUK, K.G.F.
KOLAR DISTRICT - 563 121.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
R2 - SERVED AND UNREPRESENTED)
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CRL.A No. 1521 of 2023
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
1989 PRAYING TO SET ASIDE THE ORDER OF THE II ADDL.
DISTRICT AND SESSIONS JUDGE, KOLAR, DATED 28.07.2023
IN CR.NO.72/2023 ON THE FILE OF KAMASAMUDRAM POLICE
STATION FOR THE OFFENCE P/U/S 306, 504, 506 R/W 34 OF
IPC AND SEC. 3(2)(v) OF SC/ST (POA) ACT, AND MAY PLEASED
TO ALLOW THE APPEAL BY GRANTING BAIL.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by accused No.4 praying to set
aside the order dated 28.07.2023 passed by II Additional
District and Sessions Judge, Kolar, whereunder the bail
application of this appellant/accused sought in respect of
Crime No.72/2023 of Kamasamudram Police Station, KGF
in respect of offences punishable under Sections 306, 504,
506 read with Section 34 of I.P.C and Section 3(2)(v) of
Schedule Castes and Schedule Tribes (Prevention of
Atrocities) Act 1989 came to be rejected.
2. Heard the arguments of learned counsel for the
appellant and learned HCGP for respondent No.1 State. In
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CRL.A No. 1521 of 2023
spite of service of notice to respondent No.2, she has
remained absent and unrepresented.
3. It is the case of the prosecution that respondent
No.2 lodged complaint stating that her husband's brother
namely Gangaraju @ Gangadhara and one Kum. Keerthi,
the daughter of Krishnamurthy were in love affair. The
appellant/accused No.4 on coming to know about the love
affair between them, had warned them. That on
26.06.2023 at about 6:15 PM, the said Keerthi had come
near the house of respondent No.2 with tears and
embraced Gangaraju. She told him that she would be
killed by her family members and asked him to take her
somewhere. At that time, accused Nos.1 to 3 all of a
sudden abused and scolded, respondent No.2 by taking
her caste alleging that they belong to lower caste and
reprimanded stating they need a girl from their caste and
threatened that she would be expelled from the village and
scolded in filthy language. On the next day, i.e., on
27.06.2023 at 6:00 AM, respondent No.2 was preparing to
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CRL.A No. 1521 of 2023
go to her place and she came to know that Keerthi died
and family members of Keerthi had threatened her stating
that they are responsible for the death of Keerthi and they
will not allow respondent No.2 to live in the Village and
they will destroy their house and expel them from the
village. They have also given life threat to respondent
No.2. Being afraid of the said incident, complainant's
husband's brother Gangaraju @ Gangadhara committed
suicide on railway track. The said complaint came to be
registered in Crime No.72/2023 against accused No.1 to 4
for the offences punishable under Section 306, 504, 506
read with Section 34 of I.P.C and Section 3(2)(v) of
Schedule Castes and Schedule Tribes (Prevention of
Atrocities) Act 1989. The appellant/accused No.4 came to
be arrested on 05.07.2023 and he is in judicial custody.
The appellant/accused No.4 filed bail application in Crime
No72/2023 and the same came to be rejected by
impugned order dated 28.07.2023. The said order is
challenged in this appeal.
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CRL.A No. 1521 of 2023
4. Learned counsel for the appellant would contend
that the alleged warning by this appellant/accused No.4 is
two days prior to the alleged date of incident. The said
warning does not amount to abetment to commit suicide.
The deceased might have committed suicide having come
to know that his lover Keerthi died. As the charge sheet is
filed, the appellant/accused No.4 is not required for
custodial interrogation. The other accused namely,
accused Nos.1 and 3 have been granted anticipatory bail.
Hence, he prayed to allow the appeal and grant bail.
5. Per contra learned HCGP would contend that the
statement of CWs.2 and 5 specifically show that this
appellant/accused No.4 on 25.06.2023 had threatened the
deceased and warned him not to contact Keerthi and
therefore, deceased Gangaraju @ Gangadhara committed
suicide on 27.06.2023. The charge sheet material would
show that appellant/accused No.4 abetted the deceased
Gangaraju @ Gangadhara to commit suicide. Hence, he
prays for dismissal of the appeal.
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CRL.A No. 1521 of 2023
6. Having heard learned counsel for the
appellant/accused and learned HCGP, this Court has gone
through the impugned order and charge sheet records.
The averments of the complaint indicate that deceased
Gangaraju @ Gangadhara had a love affair with Keerthi,
the daughter of accused Nos.1 and 2. This
appellant/accused No.4 coming to know of the said love
affair, had warned deceased Gangaraju. The deceased
Gangaraju had informed the same to respondent No.2,
and when respondent No.2 was proceeding to go to their
place, at that time, the accused No.1 to 3 abused them in
filthy language by taking their caste and threatened them
to take their lives. Thereafter, the deceased Gangaraju
committed suicide on the railway track. Two days prior to
deceased committing suicide, accused No.4 warned the
deceased to cut off his love affair with Keerthi. After two
days of the said incident, the deceased Gangaraju
committed suicide. What is the exact cause for deceased
to commit suicide is a matter of trial. As the charge sheet
is filed, the appellant/accused No.4 is not required for
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CRL.A No. 1521 of 2023
custodial interrogation. Without considering these aspects,
the learned Special Judge has passed the impugned order
which requires interference by this Court. The
appellant/accused No.4 has made out grounds for setting
aside impugned order and grant of bail. In the result, the
following:
ORDER
The appeal is allowed.
The impugned order dated 28.07.2023 passed by II
Additional District Sessions Judge, Kolar, in crime
No.72/2023 is set aside. The bail application of
appellant/accused No.4 stands allowed. The
appellant/accused No4 is ordered to be released on bail in
Crime No.72/2023 of Kamasamudram police station, KGF.
Subject to the following conditions:
1) The appellant/accused No.4 shall
execute a personal bond for a sum of
Rs.1,00,000/- with one surety for the
like sum to the satisfaction of the
Jurisdictional Court.
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CRL.A No. 1521 of 2023
2) The appellant/accused No.4 shall
not tamper with the prosecution
witnesses.
3) The appellant/accused No.4 shall
not threaten the complainant and
tamper the prosecution witnesses in
any manner.
4) The appellant/accused No.4 shall
attend the court on all dates of
hearing unless exempted and co-
operate in speedy disposal of the
case.
Sd/-
JUDGE
PNV,RMS
