IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 19TH DAY OF JUNE, 2013

BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

CRIMINAL PETITION No.2645 OF 2013

Between:
S.B.Harsha S/o Basvaraju B V
Aged about 21 years
BBM Student, R/o 1st Floor
Northern Extension, Hassan
Permanent Residence: 3rd Cross
Janatha Colony, Hemavathi Nagara
Sakaleshapura, Hassan District-573201 … Petitioner

(By Shri. Rahul Rai K., Dharmashree Associates, Advocate)

And:
State of Karnataka
Through Hassan City
Police Station
Represented by its
State Public Prosecutor
High Court Building
Bangalore-560 001 … Respondent

(By Shri. Raja Subramanya Bhat, HCGP)

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This Criminal Petition is filed under Section 439 Cr.P.C.

by the advocate for the petitioner praying that this Hon’ble
court may be pleased to enlarge the petitioner on bail in Crime
No.159/2013 of Hassan City P.S., Hassan, for the offences
P/U/S/ 306 of IPC and R/w Sec. 3 Cl. (10) (11) (12) of SC/ST
(PA) Act.

This Petition coming on for orders this day, the Court

made the following:-

ORDER

Heard the learned counsel for the petitioner as well as the

learned Government Pleader.

The allegation against the present petitioner is that he

was having an affair with the daughter of the complainant and

they were both students. It transpires that the petitioner was

physically involved with the daughter of the complainant and

she was pregnant by three months and it is further alleged that

the complainant and her daughter belong to a Scheduled Caste

while the petitioner belonged to the Lingayath community and

it is further alleged that the petitioner refused to marry the

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complainant’s daughter and suggested that she abort the child

that she was carrying. This lead to an argument between them

and the complainant’s daughter had ultimately committed

suicide by hanging herself in the room of the present petitioner.

The petitioner had then informed the complainant of the same.

It is in this background that an offence punishable under

Section 306 of the Indian Penal Code and Section 3 Clause (i)

(10) (11) and (12) of the Scheduled Caste and Scheduled Tribe

(Prevention of Atrocity) Act, 1989 are alleged against the

petitioner.

Given the circumstance of the case, it is not made out

prima facie that the petitioner has either abetted or instigated

the commission of suicide by the deceased. The fact that the

police have sought a report of the D.N.A. examination

conducted on the petitioner is besides the point. Even if it is

established that the deceased was pregnant with the child of the
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petitioner, it may not advance the case of the prosecution.

Therefore, the petitioner has made out a case for enlargement

on bail. The petitioner shall be enlarged on bail on his

furnishing a self bond for a sum of Rs.40,000/- (Rupees Forty

Thousand only) with two solvent sureties for a likesum to the

satisfaction of the police. The petitioner shall mark his

attendance before the Hassan City Police Station on every first

Sunday of the month pending the framing of charges. The

petitioner shall not leave the jurisdiction of the court without

prior permission of the court. The petitioner shall not directly

or indirectly tamper with the prosecution witnesses or threaten

them in any manner.

SD/-
JUDGE

YKL