1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL CRIMINAL PETITION NO.8853/2018 BETWEEN:
SRI JOSEPH ARAVIND CHITHAPURA @ ARAVINDA CHITHAPURA AGED ABOUT 39 YEARS, S/O FRANCIS CHITHAPURA, R/AT # 155/A, RAILWAY QUARTERS, BETIGERI, GADAG-582 102.
(BY SRI NAGARAJU, ADVOCATE) AND:
...PETITIONER STATE BY BENGALURU CITY RAILWAY POLICE, BENGALURU-560 023. REPRESENTED BY SPP, BENGALURU-560 001.
...RESPONDENT (BY K.P.YOGANNA, HCGP) 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.183/2018 OF BANGALORE CITY RAILWAY POLICE STATION, KARNATAKA RAILWAY FOR THE OFFENCES P/U/S.306 OF IPC.
2 THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Bangalore City Railway Police have registered Crime No.183/2018 against the petitioner for the offence punishable under Section 306 of IPC on the basis of the complaint by one Prajwal Patil.
2. The complainant’s father Hanumantha Gowda N.Patil committed suicide falling under the wheels of train near Vijay International School, Bangalore. It is alleged that in the pocket of the Kurta of the deceased a suicide note implicating the petitioner as abettor of suicide, was found.
3. The learned counsel for the petitioner submits that the deceased had borrowed loan from several persons and was facing criminal cases for the offence under Section 138 of NI Act. He further submits that the authenticity and recovery of the death note is doubtful.
3 4. The learned HCGP for the respondent-State submits that the case is still at the investigation stage and therefore, the petitioner is not entitled for anticipatory bail.
5. The offence alleged against the petitioner is punishable with imprisonment upto 10 years. Petitioner is implicated in the case on the basis of alleged suicide note. As per the CD records, the suicide note allegedly states that another detailed note containing cause of suicide is kept in the bag in the house of the deceased. The complaint is filed on 05.09.2018, but as per the Investigating Officer’s report so far no such detailed note is recovered.
6. The learned counsel for the petitioner produces the copies of the order sheet in P.C.NO.302/2016, C.C.No.1603/2018 and C.C.NO.1189/2016 on the file of JMFC 1st Court, Gadag, where the deceased was an 4 accused and facing criminal proceedings for the offence punishable under Section 138 of NI Act.
7. Even assuming that there is a further note, the same is in the custody of the complainant himself as it was said to be in the house of the deceased. Therefore, the question of petitioner tampering any evidence is remote. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
8. The petitioner is granted anticipatory bail in Crime No.183/2018 of Bangalore City Railway Police Station, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the 5 Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE PB