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2022 DIGILAW 912 (KAR)

Javeed @ Javeed Sab v. State of Karnataka

2022-07-15

H.P.SANDESH

body2022
JUDGMENT 1. This petition is filed under Section 439 of Cr. P.C. seeking regular bail of the petitioner in Crime No. 46/2022 of Bhadravathi Rural Police Station, Shimoga for the offences punishable under Sections 305, 354D of IPC. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case is that this petitioner was troubling the sister of the complainant who was studying in 10th standard and another sister of the complainant was studying in 9th standard and this petitioner from the last one year forcing her sister who was studying 10th standard to love him and the same was disclosed by the victim with her sisters and in this regard a panchayat was held in the village and in the panchayath, this petitioner was advised not to trouble the victim. Inspite of that, he continued the same and also blackmailing the victim stating that he will upload the private photograph video to the mobile and hence, the victim was making phone calls with the neighbourer and also requested her sister not to disclose the same with the parents or otherwise she is going to commit suicide and after that the victim stopped to go to the school and on enquiry she revealed that this petitioner is continuing his act and that on 09.03.2022, the victim forcibly went to the school and after coming from the school, she committed suicide by hanging herself. Hence, the complaint was lodged against this petitioner and the police have registered the case for the aforesaid offences. 4. The learned counsel appearing for the petitioner would submit that this petitioner earlier approached this Court for bail in Crl.P. No. 3682/2022 and the same was rejected vide order dated 26.05.2022 and while dismissing the same also given an opportunity to approach this Court after filing of the charge-sheet hence, the petitioner has approached this Court after filing of the charge-sheet and investigation is also completed. The counsel for the petitioner submits that the allegation made in the charge-sheet is that this petitioner was used to make phone call and in turn she also used to make phone call to him and he also used to send messages to her and that on 06.03.2022, called the victim near the Holeneralekere bus stand of Bhadravathi taluk and instructed her to make phone call to him and whenever he makes a phone call, the victim should answer for the same and whenever he asked to come, she should come or otherwise, he will not allow her to alive and abetted to commit suicide and also given rat poison to her and hence, when the victim unable to tolerate the torture of the petitioner and also being afraid of the act of the petitioner committed the suicide by hanging on 09.03.2022. The counsel for the petitioner submits that the contents of the complaint are different and accusation made in column No. 17 of the charge- sheet is also different and in the charge-sheet, the accusation against this petitioner is that he only pressurizing her to make phone call and also an allegation is made that he gave the rat poison to the victim but the victim has not consumed the rat poison but committed suicide by hanging. The learned counsel for the petitioner submits that investigation is completed and charge-sheet has been filed, hence, there is no need of further custodial trial of the petitioner and prayed to allow the petition. 5. Per contra, the learned High Court Government Pleader appearing for the State would submit that when the victim was talking with him, he forced her to love him and also used to send photos and also threatened that he would upload the private photographs in the whatsapp and also threatened that he would disrepute her parents and when the victim was unable to bear the petitioner, she took extreme step of committing suicide and there is a proximity to cause of death and hence, there is a prima facie case against this petitioner and prayed to dismiss the petition. 6. 6. Having heard the respective counsel appearing for the parties and also on perusal of the material available on record it discloses that looking into the contents of the complaint and the accusations made in the charge-sheet, the allegation made against this petitioner is that he would blackmailing her stating that he would upload her personal photographs in whatsapp and also threatened that he would disrepute her parents but an allegation is that on 06.03.2022, he called her near the bus stop and threatened and also gave her a rat poison but on perusal of the material available on record, it discloses that the victim has not died on account of consuming poison but she committed suicide by hanging on 09.03.2022 and having considering the material available on record particularly the accusations made in the charge-sheet that the petitioner gave the rat poison on 06.03.2022 but the victim committed suicide on 09.03.2022 by hanging. Hence, it is a fit case to exercise the discretion in favour of the petitioner since the petitioner is in custody from 14.03.2022 and whether the petitioner abetted the victim to commit suicide or not is a matter of trial and the same has to be tested in trial. 7. In view of the discussions made above, I pass the following: ORDER The petition is allowed. Consequently, the petitioner/accused shall be released on bail in connection with Crime No. 46/2022 of Bhadravathi Rural Police Station, Shimoga for the offences punishable under Sections 305, 354D of IPC, subject to the following conditions: (i) The petitioner shall execute his personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court. (ii) The petitioner shall not indulge in tampering the prosecution witnesses. (iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause. (iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.