SRI. KARTHIK N.K v. STATE OF KARNATAKA BY BETTADAPURA POLICE STATION, PERIYAPATNA

(BY SRI. NAGESHWARAPPA, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.227/2023 OF BETTADAPURA P.S., MYSURU DISTRICT FOR THE OFFENCE P/U/S.504,306 R/W SEC.34 OF IPC PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT AT PERIYAPATNA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioners/Accused Nos.1 & 2 have filed this petition under Section 438 of Cr.P.C seeking anticipatory bail in the event of their arrest in Bettadapura Police Station, Mysuru District in Crime No. 227/2023, registered for the offences punishable under Section 306 and 504 read with Section 34 of the IPC, pending on the file of Additional Civil Judge (jr.Dn.) and JMFC at Periyapatna. - 3 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024

2. The brief factual matrix leading to the case are that, the complainant has lodged a complaint on

25.12.2023 alleging that his daughter deceased Roopa was serving as a guest teacher Karnataka Public School, Ravandur and one year earlier, she had love affair with petitioner No.1. However, the deceased has not shown any interest in marring petitioner No.1 and she refused to marry him. Subsequently, her marriage was scheduled with one Dileep of Konasuru village and their engagement was also held. It is alleged that, 22.10.2023 at 7 p.m., when the Dileep has visited the house of complainant, the petitioners came there and picked up quarrel with the complainant and Roopa alleging that she had borrowed Rs. 20,000/- from Karthik and they pressurized the complainant to perform the marriage of deceased with petitioner No.1 and threatened them. It is alleged that, on

24.12.2023 at 3.30 p.m., when complainant along with his elder daughter had been to their land to graze the goats, accused Nos.1 and 2 said to have came to their house and abused deceased Roopa in vulgar language by uttering - 4 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024 words that, after having love affair with petitioner No.1, she is now marring the other person and it is better that she could die by hanging herself. It is alleged that, the second petitioner abused her asserting that having enjoyed with company of petitioner No.1, now she is marrying with other person and demanded the amount received from petitioner No.1 or else she should die by hanging herself. Hence, it is alleged that the petitioners have instigated the deceased in committing suicide and as a result, deceased was mentally upset and depressed. Hence, it is alleged that she went inside the kitchen and hanged herself to a wooden beam of roof with a saree. It was brought to the notice of complainant and one Puneeth, Ganesh and Meenakshamma complainant that Roopa was offended by abusive words of accused and committed suicide and on the same day at 10 p.m., a death note was found in the vanity bag of the deceased and hence, a complaint was lodged on the next day. - 5 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024

3. In this regard, a crime was registered. Apprehending arrest, the petitioners have approached learned Sessions Judge seeking anticipatory bail. However, the learned Sessions Judge has rejected the Anticipatory Bail petition and hence, the petitioners are before this Court.

4. Heard learned counsel petitioners/Accused Nos.1 & 2 and the learned HCGP for the respondent-State. Perused the records.

5. The allegation itself discloses petitioner/Accused No.1 was in love with deceased and he intended to marry her. The further allegations disclose that deceased has also taken some amount petitioner/Accused No.1 and subsequently, deceased refused to marry petitioner No.1 but, her marriage was fixed with other person. It is alleged that, being enraged by this on 22.10.2023 at 7 p.m., the petitioner went to the - 6 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024 house of the complainant and demanded to Rs.20,000/- which was received by deceased Roopa or else he has demanded that she should be given in marriage to petitioner No.1. It is alleged that, again on 24.12.2023 at

3.30 p.m., the petitioners went to the house of the deceased and abused her, as a result, she was upset and committed suicide by hanging herself.

6. The allegations of the prosecution disclose that the petitioners have uttered the words asserting that she having shown love towards petitioner No.1, now she is marrying with other person and it is better that she should die rather than marrying other person and also demanded the amount. Whether the utterance of the alleged abusive words would attract the offence under Section 306 IPC is required to be considered as ingredients of offence punishable under Section 107 of IPC are required to be proved by the prosecution. In case of abetment, mere assertion of words with effect to ‘Go and Die’ does not amount to instigation and there should be a positive mind - 7 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024 on the part of the abettor to see that the deceased should not have any other option, except committing suicide. But at this juncture no such evidence is forthcoming. Further, it appears that there was certain love affair and as well as certain financial transactions between petitioner No.1 and deceased.

7. Looking into the above facts and circumstances, I do not find any impediment for admitting petitioners/accused No.1 & 2 on bail. The other apprehensions raised by learned HCGP can be meted-out by imposing certain conditions. Further, petitioner No.2 being a woman falls under exceptions. Hence, I proceed to pass the following: ORDERS (i) The Petition stands allowed. ii) The petitioners/Accused No.1 and 2 are directed to be enlarged on bail in the event of arrest in Crime No.227/2023 Bettadapura Police Station, Mysuru District, - 8 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024 registered for the offences punishable under Sections 504 and 306 r/w Section 34 of IPC, on each of them executing personal bond for a sum of Rs.50,000/- each with one surety, for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to following conditions: a) Petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and in the event of their surrender, Investigating Officer/SHO shall release them on bail as directed. b) They shall not directly or indirectly tamper with any of the prosecution witnesses. c) They shall not indulge in any similar offences. d) They shall make themselves available to the Investigating Officer for interrogation whenever called for during course of investigation. - 9 - NC: 2024:KHC:8433 CRL.P No. 1142 of 2024 e) Petitioner No.1 / accused No.1 shall mark his attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every Sunday of the month till the final report is submitted. Sd/- JUDGE RAK List No.: 1 Sl No.: 45 CT:SNN