IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4570/2019 BETWEEN:
Raviprasad Kavale, Aged about 54 years, S/o. Late Jayasimha Rao, R/at No.15, Puttanna Road, Basavanagudi, Bengaluru-560 004.
(By Sri.M.T.Nanaiah, Senior Advocate for Sri. Prabhugoud. B. T, Advocate) AND:
The State of Karnataka by Basavanagudi Police, Bengaluru, Rep.by State Public Prosecutor, High Court Complex, Bengaluru-560 001.
(By Sri. K. P. Yoganna, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.79/2019 of Basavanagudi P.S., Bangalore for the offence p/u/s 306 of IPC.
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 learned HCGP for the respondent-State. Perused the records.
2. Petitioner is the sole accused in Crime No.79/2019 of Basavanagudi Police Station for the offence punishable under Section 306 of IPC.
3. The brief allegations are that the complainant by name, Anup Cavalle, who is the son of deceased-Madusudan Cavale, lodged a complaint stating that the petitioner and the complainant’s father are brothers. In spite of repeated request, the petitioner being the elder member of the family has not given share in the joint family properties to the father of the complainant. Therefore, being frustrated in life, the father of the complainant committed suicide by hanging himself by leaving a death note. It is brought to the notice of this Court by the learned counsel for the petitioner that the complainant himself has filed a suit for partition in OS.No.26120/2017 and it is pending on the file of the Principal City Civil and Sessions Judge, Bengaluru. During the pendency of the said suit, the above incident has happened.
4. At this stage, intention of the petitioner cannot be gathered. Therefore, the motive has to be established during the course of trial that the petitioner only with an intention to drive his brother to commit suicide, has not given any share in the property. The petitioner has been in juridical custody since 28.05.2019 and it shows that he is no more required for further investigation. Under the above circumstances, petitioner is entitled to be enlarged on bail. Hence, the following order ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.79/2019 of Basavanagudi Police Station, for the offences punishable under Section 306 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE SB