IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.5576/2017 Between:
1. S.B. Basavaraju, Son of Late Bommarayigowda, Aged 47 years.
2. S.B. Harish Son of Late Bommarayigowda, Aged 38 years.
3. S.B. Ninge Gowda @ Lingappa, Son of Late Bommarayigowda, Aged 34 years.
All are residing at Shivapura Village, Seelanere Hobli, K.R. Pet Taluk, Mandya District – 571 429.
…Petitioners (By Sri. Veeranna G Tigadi, Advocate for Sri. Pallava. R, Advocate) And:
State of Karnataka, By K.R.Pet Town P.S, K.R. Pet Town, K.R.Pet Taluk, Mandya District – 571 401.
…Respondent (By Sri S.Vishwamurthy, HCGP) 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 Crime No.195/2017 of K.R.Pet Town P.S., Madnya District for the offence p/u/s 306 r/w 34 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 petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners apprehend their arrest by the respondent-police in their crime No.195/2017 registered in respect of offences punishable under section 306 r/w 34 of IPC on the suicidal death of Sri. Nagarajegowda.
3. The deceased is said to have left behind a Will on a scrap paper in which, among other things he had stated that he did not pay money due to the folks from Shivapura since he had already taken care of their needs from their childhood. Hence, he is not going to pay the money.
4. The petitioners are the siblings. As per the submission of Sri. Pallava R, learned counsel for the petitioners, the first petitioner had entered into agreement of sale with the deceased in respect of landed property. The mother of the petitioners is the sister of the deceased. On his failure to execute the sale deed, they filed a civil suit seeking the decree of specific performance against the deceased. On receiving summons on 02.06.2017, the deceased committed suicide by consuming a pesticide on 03.06.2017.
5. In view of the recital in death note the respondent-Investigating Officer is making effort to apprehend the petitioners.
6. As of now, there is no prima facie material available with the prosecution to connect these petitioners to the suicidal death of the deceased by virtue of Section 306 of IPC.
7. In the circumstance, there is no impediment to allow the petition. Petition is allowed. Petitioners are granted anticipatory bail in Crime No.195/2017 registered by the respondent-Police, subject to the following conditions:
(i) In the event of their arrest they shall be released on bail executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with one surety for the likesum; and (ii) They shall co-operate with the Investigating Officer during the further course of investigation.
Sd/-
JUDGE VBS