DAVID WILLIAM DSOUZA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Govt. Pleader.

(2.) Petitioner is before this court being aggrieved by the order of the trial court rendered in Crl. Misc. 36/2020 whereby the court of the Principal District and Sessions Judge, Udupi was pleased to reject the petition preferred under Section 439 of Cr.P.C. praying that the petitioner be enlarged on bail in Crime No.29/2020 of Shirva Police Station registered for the offences punishable under Sections 306, 504, 506 and 201 of I.P.C.

(3.) The facts in brief are that the deceased Mahesh D'Souza was ordained as a Priest and functioning as the Principal of the Don Bosco CBSC English medium school and Junior Priest in the Shirva Parish. That he committed a suicide by hanging himself on 11.10.2019 between 9.05 p.m. and 1.00 a.m on 12.10.2019. That the respondent police investigated the matter and two I-phones of the deceased and I-phone of one Priya D'Souza and Vivo Phone of the petitioner herein and the CCTV footages of the camera of the Church were seized and sent for FSL examination. That the investigation was commenced belatedly as doubts were expressed about the death of the said father Mahesh D'Souza and hence investigation came to be entrusted to the Circle Inspector of Police. That the respondent police started investigation and in the course of investigation, it was found that the last call that was received by the deceased Mahesh D'Souza was from the petitioner and that the call details were extracted and it has been alleged that the conversation was in Konkani language and that the petitioner had taken umbrage to the fact of the alleged illegal relationship between the deceased Priest Mahesh D'Souza and the petitioner's wife Priya D'Souza. It is alleged that the petitioner had threatened the deceased that either he should put a rope for his neck and the same would also be done to Priya D'Souza failing which, he would spoil his reputation within half an hour and he would do the same to his wife and if the deceased did not do so, he would finish off the deceased. It is alleged by the respondent police that the deceased agitated by the said allegations, took the extreme step of ending his life by hanging himself to death.