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Karnataka High Court · body

2014 DIGILAW 636 (KAR)

R. Saravanan v. Police Inspector

2014-07-03

R.B.BUDIHAL

body2014
Judgment : 1. This is the petition filed by the petitioners -accused Nos.1 and 2 under Section 439 of the Cr.P.C. seeking their release on bail of the alleged offences punishable under Sections 306 and 347 of I.P.C. registered in respondent - Police Station Crime No. 280/2014. 2. Heard the arguments of the learned Counsel appearing for the petitioners/accused and also the learned High Court Government Pleader for the respondent/State. 3. Counsel for the petitioners during the course of arguments submitted that the deceased was due to pay a sum of Rs.5.00 lakhs to the petitioners and in that connection the deceased issued two cheques for the payment of the said amount and when the petitioners presented those two cheques the said cheques were dishonoured. In that connection, the petitioners approached the Police Station and requested to register the case against the deceased. Since the petitioners have been advised by the Police that they have to approach the competent Court for the same and they cannot register the case in that regard. 4. Learned Counsel made a submission that the petitioners took the deceased along with them only for the purpose of insisting him to pay the due amount of Rs.5.00 lakhs and on the next day it was noticed that the deceased committed suicide by hanging. Learned Counsel made a submission that the present petitioners have not at all abetted the commission of the alleged offence except the fact that they took the deceased along with them in connection with the payment of the due amount. He also made the submission, even looking to the PM report, there are no external injuries on the body of the deceased except the ligature mark on the neck. Hence, he submitted that now investigation of the case has been completed and charge sheet has been filed. The alleged offence is also not exclusively punishable with death or imprisonment for life. By imposing any conditions, the petitioners may be enlarged on bail. 5. As against this, the learned HCGP during the course of his argument submitted that the materials collected during the investigation goes to show that these petitioners who took the deceased along with them and they ill-treated him in connection with the payment of the amount and because of that reason only the deceased committed suicide. 5. As against this, the learned HCGP during the course of his argument submitted that the materials collected during the investigation goes to show that these petitioners who took the deceased along with them and they ill-treated him in connection with the payment of the amount and because of that reason only the deceased committed suicide. Hence, he made the submission that the petitioners are not entitled to be granted with bail. 6. Now, the investigation is completed and charge sheet has been filed which is for the alleged offences under Section 306 of I.P.C. So, this goes to show that it is the suicidal act on the part of the deceased himself and as submitted by the learned Counsel for the petitioners. Perusing the PM Report, except the ligature mark on the neck no other injuries are noticed on the body of the deceased. So this goes to show prima facie that there are no any assault or overt acts on the deceased. 7. Looking to the cause of death of the deceased as per the opinion of the Doctor in the PM report, the death is due to Asphyxia as a result of hanging. So, these materials goes to show that when the petitioners insisted the deceased and when the petitioners also said to the wife of the deceased to give the documents pertaining to the Car. In connection with that transaction, probably because of that reason and being hyper sensitive the petitioners might have taken that step. In the bail petition, the petitioners have specifically contended that they have not at all gave any sort of ill-treatment to the deceased nor they have committed the act of abetting the deceased to commit suicide and they have contended that they are innocent and there is false implication of the petitioners in the case. They have also undertaken that they are ready to abide by any conditions to be imposed by the Court. The offence alleged under Section 306 of I.P.C. is also not exclusively punishable with death or imprisonment for life and from the date of arrest the present petitioners are in the custody. Hence, by imposing reasonable conditions, the petitioners can be enlarged on bail. 8. Accordingly, the petition is allowed. The offence alleged under Section 306 of I.P.C. is also not exclusively punishable with death or imprisonment for life and from the date of arrest the present petitioners are in the custody. Hence, by imposing reasonable conditions, the petitioners can be enlarged on bail. 8. Accordingly, the petition is allowed. The petitioners/accused are ordered to be released on bail for the alleged offences subject to the following conditions : i) Each Petitioner to execute personal bond for Rs.1,00,000/-and to furnish one solvent surety for the like sum to the satisfaction of the concerned Court. ii) They shall not tamper with any of the prosecution witnesses, directly or indirectly. iii) They have to appear before the concerned Court regularly.