RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(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 Borakka's 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.