KABC010162372022
IN THE COURT OF XLV ADDL. CITY CIVIL & SESSIONS
JUDGE, BENGALURU CITY (CCH-46)
DATED THIS THE 1ST DAY OF JULY, 2022
PRESENT:
Sri Manjunatha, B. A., L.L.B.,
XLV Addl. City Civil & Sessions Judge,
Bengaluru.
CRL.MISC. No.6054/2022
Petitioner
Kumar.M
S/o C. Muniraju,
A/a 30 Yrs.,
R/a No.50, Ground Floor,
Sanjayanagara Main Road,
Behind Hilton Motors,
RMV Extension II Stage,
Bangalore-560 094
(By Sri/Smt: T. R.
Manjunathachar, Advocate)
AND
Respondent
State by Vyalikaval P.S.,
Bengaluru.
(By the learned Public
Prosecutor)
ORDER ON BAIL PETITION FILED U/S.439 OF Cr.P.C.
The learned counsel for petitioner/accused has filed bail
petition U/s.439 of Cr.P.C. to release him on bail consequent
upon his remand to judicial custody in the case registered
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Crl.Misc.No.6054/2022
against him by the respondent Police on the complaint of Smt.
Jayamma W/o Nanjappa, A/a 55 Yrs., who is the mother of
deceased-Smt.Bhavyashree
for
the
offences
punishable
U/s.498A and 306 IPC in their Crime No.88/2020 in the interest
of justice.
2.The brief facts of the case of the complainant is that her
daughter deceased-Smt. Bhavyashree had love affairs with the
accused, and got married in the year 2017 in a Temple and out
of the wed lock they had a female child. They were cordial for
about one year and later the accused subjected the deceased
to physical and mental cruelty by suspecting her fidelity.
Further it is the case of the complainant that deceased had
intimated the complainant that the accused subjected her to
physical and mental cruelty in spite of knowledge of her
pregnancy. The deceased returned to her parental house and
after delivery the accused used to visit the parental house of the
deceased and at that time also the accused used to pick up
quarrel with the the complainant and her daughter, that the
deceased delivered a female child. On 28.09.2019 once again
the accused visited the house of the mother of deceased, who
was on holiday, and picked up quarrel and assaulted her, and
unable to bear the mental and physical cruelty caused by the
accused
by
suspecting
her
fidelity,
the
deceased-Smt.

Bhavyashree committed suicide by hanging at the instigation of
the accused.

In view of petitioner/accused being the route
cause for instigating and abetting deceased-Smt. Bhavyashree
to commit suicide, the complainant was constrained to file the
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Crl.Misc.No.6054/2022
present complaint for the alleged offence before the respondent
police.
On 14.06.2022 the petitioner surrendered before the
jurisdictional Court, who was remanded to judicial custody.
3.The petitioner claims innocence and contending that he
has been falsely implicated in the said case and further
contending that he has not committed any offences as alleged
in the complaint. He is ready to abide by any conditions that
would be imposed by this court, therefore the petitioner has
prayed for allowing this petition.
4.The Learned Public prosecutor has filed objection to
this bail petition in detail along with report of I.O., by submitting
that this petition is not maintainable in law or on facts and for
the reasons stated in the objection and has prayed for dismissal
of the petition.
5.Heard the arguments of both the sides and perused the
materials on record. The defacto complainant appeared her
counsel and filed application U/s.301(2) of Cr.PC., seeking
permission to assist the prosecution.
6.The points that arises for consideration of this Court are
as under:
1. Whether the petitioner has made out
sufficient grounds for his release on bail
at this stage as prayed for?
2. What order?
7.This Court has answered the above points are as under:
Point No.1 :
In the Negative
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Crl.Misc.No.6054/2022
Point No.2 :
As per final order
for the following:
REASONS
8. Point No.1: On considering the papers on record, it is
evident to note that the respondent police have registered case
against the petitioner in crime No.88/2022 for the offences
punishable U/s.498A and 306 of IPC. The fact that the petitioner
is the husband and the complainant/informant is the mother of
deceased-Smt. Bhavyashree, which is not in dispute.
It is alleged in the complaint that the daughtr of
complainant by name-Smt. Bhavyashree had love affairs with
the accused, and got married in the year 2017 in a Temple and
out of the wed lock they had a female child. They were cordial
for about one year and later the accused subjected the
deceased to physical and mental cruelty by suspecting her
fidelity. Further it is the case of the complainant that deceased
had intimated the complainant that the accused subjected her
to physical and mental cruelty in spite of knowledge of her
pregnancy. The deceased returned to her parental house and
after delivery the accused used to visit the parental house of the
deceased and at that time also the accused used to upick up
quarrel with the the complainant and her daughter, that the
deceased delivered a female child. On 28.09.2019 once again
the accused visited the house of the mother of deceased, who
was on holiday, and picked up quarrel and assaulted her, and
unable to bear the mental and physical cruelty caused by the
accused
by
suspecting
her
fidelity,
the
deceased-Smt.

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Crl.Misc.No.6054/2022
Bhavyashree committed suicide by hanging at the instigation of
the accused.

In view of petitioner/accused being the route
cause for instigating and abetting deceased-Smt. Bhavyashree
to commit suicide, the complainant was constrained to file the
present complaint for the alleged offence before the respondent
police.
9.The contention of petitioner is that he is innocent of the
offences alleged and there is absolutely no case made out
against him for the alleged offences. But, as pointed out by the
learned Prosecutor, the respondent police have registered FIR
in Crime No.88/2020 against the petitioner for the offence
punishable U/s.498A and 306 of IPC, investigation is not yet
completed, at this stage if the bail is granted in favour of the
petitioner, then he may abscond and also tamper the
prosecution witnesses and hamper the investigation, and this
Court cannot come to the conclusion that the petitioner is
innocent of the offences alleged against him. Hence, at this
stage the contention of petitioner that he is innocent of the
offences alleged against him does not stand for consideration. It
is not desirable on the part of this Court at this stage to come to
the conclusion that the petitioner is innocent of the offences
alleged against him.
10.On the basis of arguments of learned counsel for
petitioner and the learned Public Prosecutor, verified the FIR
and relevant case papers. On perusal of the entire records
placed before the Court, it disclosed that the petitioner has
caused the death of deceased-Smt. Bhavyashree by subjecting
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Crl.Misc.No.6054/2022
her to mental and physical cruelty by suspecting her fidelity. It
is also equally important to note that offence alleged against the
petitioner is punishable U/s.306 of IPC, which is though not
punishable with death, but with imprisonment of either
description for a term which may extend to ten years and shall
also be liable to fine.
11.On perusal of the entire records placed before the
Court,
it discloses that the petitioner/accused as per the
averments of the complaint prima facie discloses that the
petitioner
subjected
the
deceased-Smt.Bhavyashree
to
physical and mental harassment by suspecting her fidelity.
Further
the
documents
discloses
that
the
deceased-
Smt.Bhavyashree committed suicide, as the petitioner/accused
subjected her to physical and mental cruelty. It is vehemently
argued by the learned counsel for the petitioner that there is no
whisper of any allegation regarding harassment to the
deceased, but at this juncture the said fact cannot be taken into
consideration, when there is direct allegation against the
petitioner/accused
for having subjected the deceased to
physical and mental harassment by suspecting her fidelity.

It
is pertinent to note that at this stage before the investigation
completed, if the accused/petitioner is enlarged on bail, there is
likelihood that he might abscond and would not be available for
investigation causing delay in filing the charge sheet. Further it
is equally important to note and consider the serious objection
of the prosecution that if the accused/petitioner is released
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Crl.Misc.No.6054/2022
before the investigation completes, he would influence and
tamper the prosecution eyewitnesses, who are his relatives.
12.It is well settled principle of law that the granting of bail
is discretionary power of the Court and every case should be
considered on the basis of facts of each case. On perusal of the
entire records placed before the Court, prima facie it discloses
that the petitioner/accused has has caused the death of
deceased-Smt.Bhavyashree by subjecting her to mental and
physical cruelty by suspecting her fidelity and has committed
offence against women and society.

Further as per the
materials on record it discloses that the petitioner was
remanded to judicial custody on 14.06.2022 and till date his
custody is continued for a period of 16 days. It is pertinent to
note that the investigation of the case is not yet completed, and
the report submitted by the investigation officer discloses that
the documents and material objects, which have been
recovered, which prima facie discloses the involvement of
petitioner/accused in committing the alleged offence.

The
learned counsel for the petitioner files memo with copy of order
passed by this Court in Crl., Misc., No.8063/2021 dated
28.09.2021, the petitioner reported to have been surrendered
before the trial Court on 14.06.2022. The voluntary surrender
after almost nine months later from the date of rejection of his
anticipatory bail petition by his Court in no way creates
changing circumstances to grant the bail in favour of the
petitioner U/s.439 of Cr.P.C., under going in Judicial Custody
and moving bail petition on the very next day is not a ground to
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Crl.Misc.No.6054/2022
grant regular bail to the petitioner. The defacto complainant
moved an application U/s.301(2) of Cr.P.C., through her counsel
seeking permission of this Court to assist the prosecution. The
learned counsel for the defacto complainant not at all signed
the application filed on behalf of defacto complainant.

It
appears that defacto complainant trying to help the petitioner if
possible. The attempt made by the petitioner in this regard is
nothing but interference in tampering the prosecution witness.
The application filed by the learned counsel for the defacto
complainant U/s.301(2) of Cr.P.C., is liable to be rejected merely
on the ground that the application is not duly signed by the
learned counsel for defacto complainant.

Accordingly the
application filed U/s.301(2) of Cr.P.C., is rejected, as there is no
changing circumstances in the case on hand, the petitioner is
not entitle for the relief.
13.The gravity of the offence and the manner, has to how
the
crime has been
consideration.

executed
has to be taken
into
In the instant case prima facie the complaint
discloses that the petitioner/accused has caused the death of
deceased-Smt.Bhavyashree by subjecting her to physical and
mental harassment by suspecting her fidelity. The investigation
is still in progress, and at this stage the petitioner/accused is
enlarged on bail, there is sufficient chance that he might
abscond and shall not be available for investigation of the case.
Further the material witnesses, might be tampered by the
petitioner/accused, if he is enlarged on bail. In
view of the
same the conduct of the petitioner/accused creates a suspicion
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Crl.Misc.No.6054/2022
and prima facie support the case of prosecution that if the
petitioner is released on bail at this stage at the time of
investigation, the petitioner might abscond and would not be
available for investigation, and by his undue influence tamper
the prosecution witnesses. There is absolutely no ground made
out by the petitioner to grant bail to him as sought for in the
petition. Accordingly, I answer point No.1 in the Negative.
14. Point No.2: In view of answer of this Court on point
No.1, this court proceed to pass the following:ORDER
The bail petition filed by the petitioner U/s.439
of Cr.P.C., is hereby dismissed.
(Typed to my dictation by the Stenographer directly on Computer,
corrected by me and then pronounced in open Court on this the 1st day of July,
2022)
(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

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Order pronounced in the open court
vide its separate order
ORDER
The bail petition filed by the petitioner
U/s.439 of Cr.P.C. is hereby dismissed.

(Manjunatha)
XLV Addl. City Civil & Sessions Judge,
Bengaluru.

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