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2020 DIGILAW 189 (KAR)

Ramachandra v. State Of Karnataka

2020-01-22

P.G.M.PATIL

body2020
JUDGMENT 1. This is a bail petition filed under Section 439 of Cr.P.C. for enlargement of the petitioner on bail in Crime No.72/2019 of Gudekote Police Station for the offences punishable under Sections 323 and 306 of IPC. 2. The case of the prosecution in brief are that on 15.06.2019, the complainant one Dorebasayya filed the complaint before the respondent-police. He has alleged in the complaint that his daughter namely Borakkas husband of one Mahesh died about four years back, prior to filing the complaint. Since then accused-Ramachandra had illicit relationship with Borakka. It is further alleged that the complainant enquired Keshava about the incident and Keshava told that on the previous night at about 9.00 p.m., the accused came to the house and picked up quarrel with the deceased in respect of the money payable to the society. Further respondent assaulted her with hands and legs, abused her in filthy language and asked her to go and die, consequently she committed suicide by hanging herself to the wooden roof of the house. Thereby the accused has committed aforesaid offences. 3. The petitioner, who is sole accused in the case, has stated that he was not present at the time of alleged incident and that none of the ingredients are attracted against him. There was no mens-rea for committing alleged offence, by mere uttering the words go and die, would not amount to abetment to commit suicide. He is an agriculturist, having wife and children. He is ready and willing to abide by the conditions which may be imposed by the Court and furnish adequate sureties to the satisfaction. 4. Heard the learned counsel for the petitioner and learned HCGP. 5. As per the allegations in the complaint, the accused had illicit relationship with the deceased. It is further alleged that on the date of the incident, the accused went to the deceased and asked her to pay money belonging to the society, as she denied to give money to him, he abused her and asked her to go and die. It is stated that due the said utterance, the deceased was annoyed and she committed suicide by hanging herself to the roof of the house. 6. Learned counsel for the petitioner has relied on the judgment of Sanju @ Sanjay Singh Senger v. State of Madya Pradesh reported in AIR(SCW)- 2002-0-2035 . It is stated that due the said utterance, the deceased was annoyed and she committed suicide by hanging herself to the roof of the house. 6. Learned counsel for the petitioner has relied on the judgment of Sanju @ Sanjay Singh Senger v. State of Madya Pradesh reported in AIR(SCW)- 2002-0-2035 . The Apex Court in paragraph 4 of the judgment has observed as follows: 'In Swamy Prahaladdas v. State of M.P. and Anr. 1995 Supp. (3) SCC 438, the appellant was charged for an offence under Section 306, IPC on the ground that the appellant during the quarrel is said to have remarked the deceased to go and die. This Court was of the view that mere words uttered by the accused to the deceased to go and die were not even prima facie enough to instigate the deceased to commit suicide.' 7. Further in paragraph No.6, it is observed as follows: 'A word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and difference in domestic life quite common to the society to which the victim belonged and such petulance discord and difference were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged for abetting the offence of suicide should be found guilty.' 8. Therefore the facts in the case on hand are also similar, wherein it is alleged that the accused uttered the deceased with the words go and die and in consequence to the said utterance, she committed suicide. Under these circumstances, it is clear that even if the accused uttered the words go and die, it does not amount to instigation to the deceased to commit suicide. It is admitted that the police have completed investigation and filed charge-sheet against the accused and case has been committed to the Sessions Court pending in S.C.NO.5055/2019 on the file of III Additional District and Sessions Court, Bellary. Under these circumstances, continuance of the petitioner in custody is not required in the case. It is admitted that the police have completed investigation and filed charge-sheet against the accused and case has been committed to the Sessions Court pending in S.C.NO.5055/2019 on the file of III Additional District and Sessions Court, Bellary. Under these circumstances, continuance of the petitioner in custody is not required in the case. Under these circumstances, this Court is of the considered opinion that the petitioner may be enlarged on bail by imposing necessary conditions to see that he will not tamper the prosecution witnesses in any manner and shall appear before the Court regularly. Accordingly this Court proceed to pass the fol lowing: ORDER The bail petition filed under section 439 of Cr.P.C. is al lowed. The petitioner is ordered to be enlarged on bail in S.C.No.5055/2019 pending on the file of III Additional District and Sessions Judge, Bellary, on his executing a personal bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the Court, on the fol lowing conditions. 1. The petitioner shall not threaten or tamper the prosecution witnesses in any manner. 2. The petitioner shall appear before the trial Court regularly and cooperate in concluding the trial. 3. The petitioner shall not leave the jurisdiction of the trial Court without prior permission.