IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3854/2019 Between:
C.Basavarajappa, S/o.Chandrappa, Aged about 43 years, Driver of Taxi/Bus, R/o.Vishwabandu Nagara, Sirigere Village, Chitradurga Taluk and District-577 001. …Petitioner (By Sri.Sreeharsha, Advocate for Sri.Spoorthy Hegde.N, Advocate) And:
State by KTJ Nagara Police Station, Davangere, Rep. by SPP, 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 Cr.No.86/2019 of KTJ Nagar Police Station, Davanagere 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 The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to proceedings in Crime No.86/2019 for the offences punishable under Section 306 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was lodged by the mother of the deceased alleging that the accused persons by their acts had driven her daughter to commit suicide. It is stated that on 25.04.2019, deceased and her mother had gone to hospital for taking treatment. It is further stated that on the same day deceased – Shilpa went missing and accordingly, complaint was lodged. It is stated that the deceased and accused No.1 got married at the temple and subsequently, they were living in Davanagere City. It is alleged that information was received from the neighbours to the brother of the deceased stating that the deceased had committed suicide hence pursuant to the complaint, FIR was registered and investigation is in progress.
3. The learned counsel for the petitioner states that the primary allegation is against the accused No.1 and his family members and that accused Nos.1 and 3 have been enlarged on bail by District and Sessions Court. It is further submitted that accused No.2, who is the friend of accused No.1 has been enlarged on bail by order dated 25.06.2019.
4. It is submitted that the petitioner stands on the same footing as accused No.2 and in the light of accused No.2 and accused No.1 being enlarged on bail by the Sessions Court, the petitioner is entitled to be enlarged on anticipatory bail. Looking into the nature of allegation, the primary allegation is against accused No.1 and his family. As regards the role of the petitioner and other friends is a matter that is required to be proved during trial. No case as such is made out for custodial interrogation. It is also noticed that the other accused i.e., accused Nos.1, 2 and 3 have been enlarged on bail. Accused Nos.1 and 3 have been enlarged on bail by the District and Sessions Court and accused No.2 has been enlarged on bail as per order passed in Criminal Petition No.4056/2019.
5. The Sessions Court had rejected the application stating that the investigation is still in progress. However, in the light of the observations made above, petitioner is entitled to be enlarged on bail.
6. Accordingly, petition is allowed and the petitioner is entitled to be enlarged on bail in the event of his arrest in Crime No.86/2019 for the offences punishable under Section 306 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.86/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature (vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS