IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4261 OF 2019 BETWEEN:
1. BHARATH S/O NARASIMAHA MURTHY AGED ABOUT 30 YEARS RESIDING AT NO. 1153/2, 1ST CROSS MILK CENTER ROAD VIDYARANYAPURAM MYSORE-570008.
2. NARASIMAHA MURTHY S/O LATE N. NARASIMAHAIAH AGED ABOUT 65 YEARS RESIDING AT NO. 1153/2, 1ST CROSS MILK CENTER ROAD VIDYARANYAPURAM MYSORE – 570008 (AS PER FIR) NO.1153/2, 1ST CROSS MANANDAVADI ROAD MYSORE-570008 PRESENT ADDRESS.
…PETITIONERS (BY SRI M. S. RAJENDRAPRASAD – SR. COUNSEL FOR SRI N. MANJUNATHA - ADVOCATE) AND:
STATE OF KARNATAKA BY CHANDRA LAYOUT POLICE REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560001.
…RESPONDENT (BY SRI S. RACHAIAH – HCGP FOR RESPONDENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO. 73/2019 REGISTERED BY CHANDRA LAYOUT POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 498(A) AND 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. Rajendra Prasad, learned senior advocate submitted that he does not press this petition insofar as petitioner No. 2 is concerned. His submission is placed on record. Petition is dismissed insofar as petitioner No. 2 is concerned.
2. Arguing in support of this petition on behalf of petitioner No. 1, Sri. Rajendra Prasad submitted that petitioner No. 1 was married to one Deeksha on 24.11.2018. She was working in Bengaluru in PWC Company. She committed suicide on 20.04.2019 in her parent’s house at Bengaluru. The complaint does not disclose any overt act on the part of the husband or his relatives. The complaint itself shows that the deceased was staying in Bengaluru and visiting her matrimonial house at Mysore sometimes. Accordingly, he prayed for granting anticipatory bail.
3. Sri. Rachaiah, leaned High Court Government Pleader opposed the petition.
4. I have carefully considered rival contentions and perused the records.
5. It is averred in the complaint that the deceased was working in Bengaluru in PWC Company. She used to visit her husband’s house in Mysore only during holidays. Her husband was insisting that she must resign the job and it caused mental harassment. Except the said averment no specific overt act is forthcoming in the complaint.
6. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioner before the jurisdictional Police or Magistrate, he shall be released on bail upon his executing a self bond for a sum of Rs.1,00,000/- with two sureties for the like sum to the satisfaction of the investigating officer;
(ii) Petitioner shall not tamper with the evidence;
(iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10 a.m. & 1 p.m till the charge sheet is filed;
(iv) Petitioner shall not leave Bengaluru without prior permission of jurisdictional Magistrate till charge sheet is filed;
(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;
(vi) Petitioner shall not involve himself in any criminal activities; and (vii) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE LRS