IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8024 OF 2019 Between:
Chamaiah D.S S/o Siddalingaiah Aged about 36 years No.29, 2nd Main 1st Cross, Panchamukhi Layout Kodigehalli Bengaluru– 560 091 (By Shri Yogesh G., Advocate) And:
The State By Kengeri Police Station Represented by SPP High Court Complex Bengaluru – 560 001 (By Shri Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.245 of 2019 of Kengeri Police Station, Bengaluru City for the offence punishable under Section 306 of Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. A person by name Lingegowda of Srinivasapura Colony, Bangalore lodged a complaint stating that his daughter Shivamma, aged 31 years, has committed suicide by hanging herself. The complaint averments disclose that the said lady was given in marriage to one Ravi Kumar and they were blessed with two children. Thereafter, it appears that the petitioner herein started contacting the said lady over mobile phone and was abusing her over phone, etc. The children of the deceased have also disclosed the same to the complainant and even told that the said person has been ill-treating and harassing their mother. Though the reasons for the same has not been stated in the complaint, that requires to be investigated during the course of the trial. What is the reason for the death of the deceased is also a fact that has to be investigated by the police.
3. The learned High Court Government Pleader submits that custodial investigation of the petitioner is necessary. They have to recover mobile phones and also find out the antecedents of the petitioner, etc. The offence invoked by the police is under Section 306 of the Indian Penal Code in crime No.245 of 2019.
Under the above said facts and circumstances, the petitioner is not entitled to be enlarged on bail under Section 438 of the Code of Criminal Procedure. Hence, the petition is devoid of merits at this stage, and the same is liable to be dismissed. Accordingly it is dismissed.
lnn Sd/- JUDGE