Allowed

Annapurna W/O Rangapppa Billyar v. the State of Karnataka

Karnataka HC25 Oct 2023CRL.P/101877/2023

Case brief

AI extract

What is this about?

High Court allowed a criminal petition seeking anticipatory bail under Section 438 Cr.P.C. for the petitioner accused in a suicide case under Section 306 IPC. The court held that mere allegation of instigation without active involvement does not attract Section 306 IPC.

What did the court decide?

Petitioner ordered to be released on bail upon furnishing a bond of Rs.1,00,000/- with two sureties and complying with standard conditions.

Annapurna W/O Rangapppa Billyar Vs the State… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC-D:12491 CRL.P No. 101877 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101877 OF 2023

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BETWEEN:

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SMT. ANNAPURNA W/O RANGAPPPA BILLYAR AGE: 37 YEARS, OCC: COOLIE, R/O: DINDALKOPPA VILLAGE, TAL: KITTUR, AND ALSO R/O: KATTARIDADDI, TAL: KITTUR, NOW RESIDENT OF A/P GURLHOSUR, TAL: SAUNDATTI, DIST: BELAGAVI-591126.

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…PETITIONER

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(BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE)

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AND:

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Digitally signed by V N V N BADIGER BADIGER Date: 2023.10.27 10:33:07 +0530

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THE STATE OF KARNATAKA THROUGH PSI, KITTUR POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, SPP OFFICE, HIGH COURT OF KARNATAKA, DHARWAD-580011.

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…RESPONDENT

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(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)

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THIS CRIMINAL PETITION 438 OF CR.P.C. SEEKING TO ENLARGE HER ON BAIL IN HE EVENT OF HER ARREST ON SUCH TERMS AND CONDITIONS AS IN KITTUR P S CRIME NO. 144/2023 FOR THE OFFENCES P/U/SEC. 34, 302, 306 OF IPC IN SO FAR AS PRESENT PETITIONER/ACCUSED NO.3 IS CONCERNED.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2023:KHC-D:12491 CRL.P No. 101877 of 2023

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ORDER

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Heard Sri Santosh B.Malagoudar, learned counsel for the petitioner and Sri Praveena Y.Devareddiyavara, learned HCGP for the State.

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The present petition is filed for seeking anticipatory bail in Crime No.144/2023 for the offences u/sec.302, 306 r/w Sec.34 of IPC.

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Brief facts of the case are as under:

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It is the case of the prosecution that, the complainant is the father of the deceased and the deceased was his younger daughter. The complainant has performed the marriage of his daughter with Nayakappa Inchal, who was serving in Military. The couple had female child namely Chandini. The complainant son-in-law died in the train accident, after the death of his son-in-law, his daughter- deceased left the matrimonial home as she was denied the share in the property of her husband. After leaving the matrimonial home, the deceased came to the

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3 - NC: 2023:KHC-D:12491 CRL.P No. 101877 of 2023

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house of the complainant and staying in the house of the complainant along with her child.

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It is further stated in the complaint that after

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arrival of his daughter, she is stated to have demanded for partition of his property. The accused Nos.2 and 3 being brother and sister-in-law of the deceased, objected the partition, proposed to be given to the deceased. However, the complainant has agreed to execute his share to the deceased. Accordingly, all the persons have decided on 10.07.2023 to go to Gokak for registration. However, at about 8.30 a.m., the complainant went to the house and found that the door was locked from inside. When the complainant enquired her whereabouts, nobody have informed about the deceased. It is further stated in the complainant that other family members have gone to the house of the deceased and one of the member has gone to the roof of the house and on seeing from roof, he found that the corpses of the deceased and her daughter were hanging. Immediately, the door was broken and entered

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into the house. It is stated that due to frustration and also instigation of the accused No.1 and 2, the complainant has committed suicide by leaving death note. As a result of which, a complaint came to be lodged against the petitioners.

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There are two allegations made against each accused. The accused No.1 being a deceased, stated to have killed her daughter before she commit suicide. Therefore, Section 302 of IPC has been invoked against the deceased. However, Section 306 R/w 34 of IPC has been invoked against the other accused persons. Therefore, the offence under Section 302 of IPC against the present petitioner would not be attracted.

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Having heard learned counsel for the respective parties, the learned counsel for the petitioner submits that the petitioner herein has been arraigned as accused No.3 in Crime No.144/2023. She has been falsely implicated in this case. There is no allegation against the petitioner regarding cruelty or abatement to commit suicide.

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5 - NC: 2023:KHC-D:12491 CRL.P No. 101877 of 2023

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It is further submitted that the ingredients of

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Section 107 R/w 306 of IPC are absent, on taking into consideration the averment of the complaint. In the absence of the said ingredients, registration of FIR and filing the charge sheet against the petitioner certainly would be considered as abuse of process of law. Hence, petitioner herein is entitled for bail. Making such submission, the learned counsel for the petitioner prays to allow the petition.

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Per contra, learned HCGP submits that the alleged offence is heinous in nature. The deceased having frustrated due to non-availability of the property for her livelihood not only from her matrimonial house, but also from her parents’ house. It is constrained and forced her to commit suicide.

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It is further submitted that the petitioner herein frequently quarreled with the deceased and asked the deceased to go out of the house without asking any partition. The suicide note of the deceased clearly

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indicates the involvement of the petitioner herein. The ingredients of Section 306 of IPC are squarely applicable to the case on hand. Therefore, the petition for granting bail has to be rejected. Making such submission, learned HCGP prays to reject the petition.

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Having heard the learned counsel for the respective parties, it is necessary to deal with the facts of the case. The deceased is the daughter of the complainant. After she has lost her husband, she approached the complainant and asked for partition of the property. The complainant was willing to hand over 1 acre of land to the deceased and he has instructed the deceased to get ready to go to Gokak for registration of the property. However, the deceased did not approach the complainant to go to Gokak. When the complainant and others had been to the house of the deceased and found that the door was locked from inside, on seeing from the roof of the house, they came to know that the deceased and her daughter were hanging to the beam of the house.

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Of course, a suicide note has been left. The

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overt act of each accused has been stated in the said suicide note. Mere stating that the sister-in-law of the deceased who is the petitioner herein had instigated, abused and insulted the deceased to commit suicide may not be sufficient to invoke the provision under Section 306 of IPC against the petitioner. To invoke the provision under Section 306 of IPC, the active involvement of the petitioner is much essential. In the absence of the involvement of the petitioner, it cannot be construe that the petitioner has committed offence. Prima facie, I am of the considered opinion that the petitioner is entitled for bail and if the suitable conditions are imposed the apprehension of the prosecution would be met.

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In the light of the observation made above, I proceed to pass the following:

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ORDER

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Petition allowed. The petitioner/accused

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No.3 is ordered to be released on bail in Crime

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No.144/2023 in the event of her arrest by the

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jurisdictional police/respondent police on the following conditions:

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a) The petitioner shall execute personal bond in

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a sum of Rs.1,00,000/- with two sureties for the likesum.

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b) The petitioner shall not tamper the

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prosecution witness.

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c) The petitioner shall appear before the trial Court on all dates of hearing.

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d) The petitioner shall co-operate with the investigation as and when it is required.

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CLK

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List No.: 1 Sl No.: 14

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Sd/JUDGE

Annapurna W/O Rangapppa Billyar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Annapurna W/O Rangapppa Billyar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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