The ingredients of the offence under Section 306 of IPC are not satisfied in the present case.

Accused

in

Crime

No.768/2023

registered

by

K.R.Puram Police Station, Bengaluru City, for the offences

punishable under Sections 498-A and 306 of IPC is before

this Court under Section 439 of Cr.P.C.

2.

Heard the learned counsel for the parties.

3.

The complainant Avula Subramanyam s/o Avula

Nagaraj had lodged the complainant on 10.10.2023 before

the Station House Officer of K.R.Puram Police Station and

based on the same, F.I.R. in Crime No.768/2023 was

registered by K.R.Puram Police Station against the

petitioner for the aforesaid offences. In the complaint it is

averred that complainant's daughter Hemalatha was

married to the petitioner in the year 2019 and from their

wedlock, the couple has a child aged about two and half

years. It is alleged that after the marriage, petitioner was

torturing his wife on petty issues. It is also alleged that he

had made attempts to murder his wife by using pillow.

- 3 -

There was an attempt made by the family members to

compromise both the parties. It is averred that petitioner

was seeking divorce from his wife and he intended to

marry another girl. On 09.10.2023 Hemalatha had hanged

herself and committed suicide. This was informed to the

complainant by the petitioner herein. The petitioner had

admitted Hemalatha to Lakshmi Multispeciality Hospital at

K.R.Puram. However, Hemalatha subsequently, died in the

hospital. It is in this background, complaint was lodged by

father of the deceased, which had resulted in registering

F.I.R., in Crime No.768/2023 against the petitioner.

During the course of investigation of the case, petitioner

was arrested on 10.10.2023. His bail application filed

before the Court of LXXI Additional City Civil and Sessions

Judge,

Bengaluru

City

(CCH-72)

in

Crl.Misc.

No.10274/2023 was rejected on 30.10.2023. Therefore,

petitioner is before this Court.

4.

Learned counsel for the petitioner submits that

post-mortem report would go to show that death is due to

- 4 -

hanging. The allegations made in the complaint would not

prima facie attract offence under Section 306 of IPC.

Petitioner who has no criminal antecedents is in custody

from 10.10.2023. Accordingly, prays to allow the petition.

5.

Per contra, the learned HCGP has opposed the

bail application.

6.

From the reading of the complaint averments it

is seen that there is no such allegations made in the

complaint which would prima facie attract the offence

under Section 306 of IPC. In the complaint there is no

such allegation that immediately prior to the date of the

incident, petitioner had ill-treated or harassed the

deceased, which had resulted in deceased committing

suicide. The necessary ingredients for attracting the

alleged offences against the petitioner is prima facie

absent in the complaint. Post-mortem report would go to

show

that

death

is

due

to

Hypoxic

Ischemic

Encephalopathy Consequent to hanging. Petitioner who

has

no

criminal

antecedents

is

in

custody

from

- 5 -

10.10.2023. Under theses circumstances, I am of the

view that, petitioner prayer for grant of regular bail is

required to be answered in affirmative. Accordingly, the

following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in

Crime

No.768/2023

registered

by

K.R.Puram

Police

Station, Bengaluru City, for the offences punishable under

Sections 498-A and 306 of IPC subject to the following

conditions:

a)

The petitioner shall execute a personal

bond for a sum of Rs.1,00,000 (Rupees One

Lakh only) with two sureties for the likesum, to

the satisfaction of the jurisdictional Court;

b)

The petitioner shall appear regularly on all

the dates of hearing before the Trial Court

unless the Trial Court exempts his appearance

for valid reasons;

- 6 -

c)

The

petitioner

shall

not

directly

or

indirectly

threaten

or

tamper

with

the

prosecution witnesses;

d)

The

petitioner

shall

not

leave

the

jurisdiction

of

the

Trial

Court

without

permission of the said Court until the case

registered against him is d