IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7633 OF 2019 BETWEEN:
S. Sudeesh S/o. B. Srinivasappa, Aged : 43 years R/a No.454 BEL Road Devasandra, Bangalore-560 054 (BY SRI RAKSHITH R. FOR SRI SHANKARAPPA S., ADVOCATE) AND:
State of Karnataka By Amruthahally P.S., Rep. by HCGP High Court of Karnataka Ambedkar Veedhi, Bangalore-01.
(BY SRI ROHITH B.J., HCGP) …PETITIONER …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.116/2019 REGISTERED BY AMRUTHALLI POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 READ WITH 34 OF IPC.
THIS 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. The petitioner has approached this Court for grant of anticipatory bail though his name does not find place in the FIR in Crime No.116/2019 on the file of the respondent police for the offence punishable under Section 306 of IPC.
3. A complaint came to be lodged by one Mr. Rakesh stating that his sister by name Rashmi has given in marriage to one Akshay and after the marriage they started living together. Thereafter, the husband and his family members started ill-treating and harassing Rashmi by demanding a further dowry, etc. In this context, it is alleged that, on 27.06.2019 Rashmi committed suicide. On the said ground the police have investigated the matter against the family members of the husband of the deceased Rashmi.
4. In the meantime, the petitioner apprehends of arrest at the hands of the police on the ground that the deceased has left death note involving name of this petitioner also. It is argued before this Court that the deceased had stated in the death note that this petitioner has actually sold a flat in Ramanath Comfort to the husband of the deceased and they were not in a position to pay the EMI regularly. Therefore, it is also stated by the said lady that because of that reason dispute arose in the family and he is also responsible for the commission of suicide by the Victim.
5. In view of the above said facts and circumstances the petitioner apprehends arrest by the hands of the police. Even looking to the above said death note, at this stage, there is no material to show in the said death note that the petitioner has executed a Sale Deed in respect of flat anticipated that the EMI will not be paid and the deceased would commit suicide and with that intention he has sold the property to drive the said woman to commit suicide has to be established during the course of full dressed trial. In the above said facts and circumstances as the reasonable apprehension is there though the name of the petitioner does not place in the FIR. Therefore, the petitioner is entitled to be enlarged on bail with conditions:
6. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.116/2019 of Amruthahally Police Station, subject to the following conditions:-
i) The petitioner shall be released on bail in the event of his arrest in connection with Crime No.116/2019 for the offence under Section 306 read with 34 of IPC on executing personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) If any case is registered against the petitioner and he is called for any further investigation, he shall appear before the Investigation Officer as and when required for the purpose of investigation and interrogation etc.
Sd/- JUDGE Sbs*