IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7584 OF 2018 BETWEEN:
SRI LINGAREDDY S/O P.RAMACHANDRA REDDY AGED ABOUT 28 YEARS #32/A, 3RD CROSS, ITTAMADU, BSK 3RD STAGE, BENGALURU – 85 AND ALSO AT:
R/AT 1/162, THUMMALAHALLI DHARMAVARAM R.S ANANTHAPUR ANDHRA PRADESH – 515 672 ...PETITIONER (BY SRI SUNEEL S. NARAYAN, ADV.) AND STATE OF KARNATAKA BY GIRINAGAR POLICE STATION BENGALURU – 560 085 S.P.P., HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.234/2018 OF GIRINAGAR 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 Girinagar Police have registered Crime No.234/2018 against the petitioner for the offence punishable under Section 306 of IPC, on the basis of complaint of one Anil Kumar.
2. It is alleged that petitioner assuring complainant’s sister Rajani of love and marriage tried to marry another girl and cheated her. It is further alleged that being frustrated by that, Rajani committed suicide.
3. The offence alleged against the petitioner is not punishable with death or imprisonment for life. There is delay in filing the complaint and delivering the FIR to the Court.
4. As per the complaint, it was the Police, who brought the diary containing suicide note of the victim and showed the same to the complainant. Thus, the said incriminating material was in the custody of the Police before filing the complaint.
5. The petitioner has produced the record to show that he is permanently residing in Bengaluru and he submits that he is ready to furnish local sureties.
6. Since the incriminating note is already recovered, nothing further is to be recovered from the petitioner. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No.234/2018 of Girinagar Police Station, Bengaluru City. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
1. He 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 local sureties in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE KNM/-