IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MARCH 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.2011/2017 BETWEEN:
1. SRI ARUN KUMAR S/O BHAGAVANTAPPA AGED ABOUT 25 YEARS R/AT # 283, THUBAGERE DODDABALLAPURA BENGALURU RURAL DISTRICT – 561 203.
2. SRI MADHU N.
S/O NARAYANSWAMY AGED ABOUT 28 YEARS R/AT # 281, THUBAGERE DODDABALLAPURA BENGALURU RURAL DISTRICT – 561 203.
…PETITIONERS (BY SMT.M.V.THANUJA, ADV.) AND:
THE STATE OF KARNATAKA REPT. BY DODDABALLAPURA RURAL POLICE (REP. BY SPL.P.P. SRI S.S.HAVERI) (BY SRI S.VISHWAMURTHY, HCGP.) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.11/2017 OF DODDABALLAPURA RURAL POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC AND SEC.3(1)(r)(s) OF SC/ST (PREVENTION OF ATTROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent.
2. The petitioners are arrayed as accused Nos.2 and 3 in the FIR registered by the respondent-police in their Cr.No.11/2017 in respect of the offence punishable under sections 3(1)(r)(s) of SC/ST (POA) Act, 1989 and under section 306 r/w 34 of IPC.
3. The allegation is, the son of the complainant/Mahesh committed suicide by hanging himself at his residence leaving behind a death note. In the said death note he named the accused persons as the perpetrators and alleged that the accused persons were enimical towards scheduled caste members and threatened to name him as a witness in a criminal case etc., 4. On a direct reading of the complaint, it fails to bring home any of the offence for which the FIR is registered.
Hence, the petition is allowed. The petitioners are enlarged on bail on each of them executing self bond for Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
Dvr:
Sd/- JUDGE