Regular bail sought by sole accused in a case under Sections 504, 506 and 306 IPC, alleging harassment and threats that drove a woman to suicide. Court found prima facie material against him and risk of witness tampering.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO.100508 OF 2024
BETWEEN:
YOGESH GOVIND NAIK AGE 30 YEARS, OCC. COOLIE, R/O GUNDA, TQ. MANKI, TALUK HONNAVAR UTTARA KANNADA DISTRICT - 581 348
…PETITIONER
(BY SRI. R H ANGADI, ADVOCATE)
AND:
THE STATE OF KARNATAKA (MANKI POLICE STATION) R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 580 011
…RESPONDENT
Digitally signed by REKHA R (BY SRI. PRAVEENA V DEVAREDDIYAVARA, HCGP) Location: High Court of THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 Karnataka
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL, WHO IS ARRAYED AS ACCUSED IN MANKI P.S. CRIME NO.36/2023, FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 504, 506, 306 OF IPC, PENDING IN S.C. NO.03/2024, ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, U.K., KARWAR BY ALLOWING THE PRESENT PETITION, TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Petitioner who is sole accused has filed this petition under Section 439 of Code of Criminal Procedure (for short, “Cr.P.C.”) to grant him bail in Crime No.36/2023 for
the offences punishable under Sections 504, 506 and 306 of Indian Penal Code (in short, “IPC”).
2. In support of his petition, petitioner has urged
that he has not committed alleged offences. He is innocent and law abiding citizen. He is working as a cook in a hotel. He is a permanent resident in the address
given in the cause title. A false complaint is filed against him. He was in love with deceased-Akshata - daughter of the complainant for about four years and they were intending to marry each other. It was opposed by her family members and they were making preparation for her marriage with another person. This caused her mental agony. There is no prima facie material to connect petitioner with the alleged crime. He is the only earning member of the family. Already charge sheet is filed. He is in custody since 12.09.2023. He is ready and willing to
abide by any conditions that may be imposed and prays to allow the petition.
3.1 Therefore with her consent, the family members were looking for proper alliance. When things stood thus on 14.05.2023, one Chetan Madev Naik came and saw the deceased-Akshata and agreed to marry her. DeceasedAkshata also agreed to marry him. After coming to know about the said fact, the petitioner/accused started calling deceased-Akshata over phone and harassing and giving
threat and challenged how she is going to marry another person and that he is going to disclose their love affair to everyone. After the said call, deceased-Akshata started crying. Petitioner/accused was frequently calling the deceased-Akshata and giving threat saying that she should marry him or else he will not leave her alive and he will also inform everyone.
3.2 In this regard, on 15.05.2023 both complainant and deceased-Akshata went to the Manki Police Station and informed the Police about the harassment meted out by the petitioner/accused to the deceased-Akshata. Despite the same, petitioner/accused did not stop calling her and giving threat. In this background, on 15.05.2023, deceased-Akshata went to her Aunt-Pooja Manjunath Naik’s house at Kulimane and stayed there. She planned to visit the Police Station in connection with the said incident.
3.3 However, on 16.05.2023, at about 8.00 a.m. Pooja Manjunath Naik called the complainant and
informed him that she saw deceased-Akshata sitting in chair at 6.45 a.m. with her phone and by the time she came out of the house deceased-Akshata was not to be found. They searched for her and found her hanging from Cashew tree with nylon sari. Deceased-Akshata has committed suicide on account of harassment meted out by the petitioner/accused.
3.4 After concluding the investigation, concerned police have filed charge sheet against the accused. There is prima facie material to connect the accused with the alleged crime. Even now the accused is calling and threatening the family members of deceased-Akshata not to give evidence against him. If released on bail, there is likelihood of he threatening and tampering the witnesses and pray to reject the petition.
that deceased was an employee of Janata Vidyalaya and since 4 years, she was in love with the petitioner.
However, recently she discovered that the petitioner is addicted to drinking and his behavior was also not proper and therefore she refused to marry him and discontinued her relationship with him. With her consent, complainant who is her father was looking for proper alliance for her and in fact on 14.05.2023, one Chetan Madev Naik came and saw her and both agreed to marry each other.
quietly in the chair and by the time, her aunt returned from bathroom, deceased-Akshata was not found in the house and she has committed suicide by hanging to a cashew nut tree. In fact, complaint also state that the petitioner had contacted Chetan and informed him about his affair with the deceased. Having regard to these aspects, it is the definite case of the prosecution that only on account of harassment meted out by the petitioner, deceased chose to end her life.
concerned police have filed charge sheet against the petitioner for the offences punishable under Sections 504, 506 and 306 of I.P.C. There is prima facie material to connect the accused with the alleged crime. It is submitted by the learned High Court Government Pleader that even now accused is calling the sister of the deceased and giving threat not to give evidence against him. Having regard to the above facts and circumstances, if released on bail, there is likelihood of accused threatening and tampering with the witnesses. Therefore, this Court is of
the considered opinion that petitioner is not entitled for
bail and accordingly, the following:
ORDER
The petition filed under Section 439 Cr.P.C.
is rejected.
Sd/JUDGE
RR
List No.: 19 Sl No.: 3
1 issue framed by the court
Whether the accused should be enlarged on regular bail under Section 439 Cr.P.C. for offences under Sections 504, 506 and 306 IPC arising from the deceased's suicide.
4 provisions across 2 enactments
YOGESH GOVIND NAIK
THE STATE OF KARNATAKA (MANKI POLICE STATION)
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
