IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8714 OF 2018 BETWEEN:
Mr. Basavangouda Sangapura Aged about 40 years R/at Plot No.46 4th Main, 5th Cross Gandhinagar, Dharwad-580 001 ... Petitioner (By Sri Shahnawaz M Mamadapur, Advocate) AND:
State of Karnataka by Basaveshwarnagar Police Station Bengaluru – 560 079 Represented by The State Public Prosecutor High Court of Karnataka High Court Building Bengaluru – 560 001 ... Respondent (By Sri K.P.Yoganna, HCGP) This Criminal Petition is filed under section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.332/2018 of Basaveshwara Nagar Police Station, Bengaluru City, for the offence punishable under Section 306 read with Section 34 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER Petitioner is accused No.2 in Crime No.332/2018 of Basaveshwaranagara Police Station, Bengaluru City. The said case is registered against the petitioner and first accused-Sham Kamma for the offence punishable under Section 306 read with 34 of IPC on the basis of the complaint of the wife of deceased Suresh.
2. It is alleged that the first accused was due to pay Rs.3,71,000/- to Suresh and he did not repay the same despite several requests by Suresh. It is alleged that being frustrated by that, on 23.10.2018 at 05.30 am, Suresh committed suicide by hanging himself in his house leaving a suicide note against the first accused.
3. In the said suicide note, name of the petitioner does not appear. The said suicide note is already recovered. This Court in Crl.P.No.8728/2018 has granted anticipatory bail to the first accused. Therefore, the petitioner is entitled for anticipatory bail.
4. The petition is allowed. The petitioner is granted anticipatory bail in Crime No.332/2018 of Basaveshwaranagara Police station. If he is arrested in the said case, he shall be released on bail on the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
In view of disposal of this petition, IA No.1/2018 does not survive for consideration and it is disposed of accordingly.
Sd/- JUDGE KMV*