VENKATESH S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., for granting bail in Crime No.304/2018 registered by Bommanahalli Police for the offence under Sec. 306 of IPC.

(2.) The case of the prosecution is that the father of the deceased - Suma had filed a complaint before the Bommanahalli Police on 4/11/2018 alleging that his daughter was suffering from Thyroid problem, high B.P. and Sist in her womb. Therefore, she was unable to bare the pain and has committed suicide. A case in UDR No.51/2018 under Sec. 174 of Cr.P.C. was registered and the body was returned back to the husband of the deceased and cremated in their native place. On 6/11/2018, the daughter of the complainant informed him that her mother - his deceased wife was speaking over the phone and she had written something in the diary and kept the same in almirah. After hearing the information from his daughter, he checked the almirah and found a diary in the said almirah and after verifying the same, the complainant came to know that a person was harassing the deceased and that he has cheated her and has also extracted 22 gms of gold bangles, Rs.50,000.00 cash, 10 gms of gold ear studs, 3 gms of gold and her daughter's chain and also 3 gms of gold chain of her sister and the said person was threatening her that he would murder her sister and daughter and he took her nude photographs and was threatening her that he would print her photos and throw the said photos in the road and he used to call her a prostitute. Due to intolerable harassment, she has committed suicide. She had written two cell phone numbers where she has stated that she is going to die and the Police should take action against him. It is also stated that the accused informed her that nobody will do anything against him and he will kill her sister and daughter. Subsequently, she has committed suicide. On 10/11/2018, one Madhalingayya, the husband of the deceased filed a complaint stating that his wife had committed suicide due to harassment caused on her by the accused petitioner and based on the complaint, the petitioner is said to have been arrested by the Police. He was remanded to judicial custody 27/1/2021. The police is said to have filed the charge sheet. He approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

(3.) Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case. There is no connecting evidence against him. The UDR is registered where the father has stated that she has committed suicide due to intolerable pain of Thyroid and other diseases. But in the diary, it is said to have traced by the husband of the deceased on 6/11/2018 but he had kept the diary with him for four days and he had not given the same to the police immediately which creates a doubt. Even the offence alleged against the petitioner is not punishable with death or imprisonment for life. The charge sheet is filed and he is in custody. The presence of the petitioner may not be required for further investigation. Hence, prayed for allowing the bail petition.