IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5335/2019 BETWEEN:
1 SRI. M.G. KUMAR S/O. LATE MOTILAL AGED ABOUT 62 YEARS 2 SMT. AMRUTKALA W/O. M.G. KUMAR AGED ABOUT 56 YEARS 3 SRI. SHASHANK KUMAR S/O. M.G. KUMAR AGED ABOUT 30 YEARS 4 MISS. NAMRATA KUMARI D/O. M.G. KUMAR AGED ABOUT 27 YEARS ALL ARE R/AT NO.B2-701, WHITE HOUSE APARTMENTS 15TH FLOOR, 6TH CROSS, R.T. NAGAR, BENGALURU – 560 032 ... PETITIONERS [BY SRI. M. RAVINDRANATH, ADV. FOR SRI. DAYANAND S PATIL, ADV.,] AND:
THE STATE OF KARNATAKA BY R.T. NAGAR POLICE STATION IN CRIME NO.0135/2019 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 1 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 438 OF CR.PC, PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR. NO.135/2019 OF R.T. NAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S. 302, 306 AND R/W. SEC. 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are not shown as accused in first information report. They suspect their arrest in Crime. No.135/2019. Therefore, they approached this Court for grant of anticipatory bail.
2. Originally the case has been registered against deceased Bhavana and Arihanth Kumar who are said to have committed suicide. It is the allegation that the deceased by name Bhavana was given in marriage to Accused No.2-Arihanth Kumar and they were residing together and on 2.7.2019 in the afternoon at about 4 pm, said Bhavana has committed suicide along with child Kumar Devansh by jumping from seventh floor of the flat in which they were residing. The father of the said lady lodged a complaint on 2.7.2019, on the basis of which, complaint has been registered against deceased Bhavana and her husband Arihanth Kumar.
3. There is no whisper in the complaint about any allegations made against petitioners herein who are said to be father and mother of Accused No.2-Arihanth Kumar. They approached the trial Court and in the petition they have stated that the Police are unnecessarily calling them to the Police Station under the guise of investigation and if they go there, there is chance of their arrest in connection with this case.
4. It is brought to the notice of this Court that after long lapse of six days, further statement of the complainant was recorded. It appears, he has stated that there was ill treatment and harassment by these petitioners also. Therefore, looking into the facts and circumstances, Accused No.2 has already been released on bail. In my opinion, petitioners are entitled to be enlarged on bail as they reasonably apprehend their arrest at the hands of the Police. Further, there is no embargo for the Police to investigate and interrogate the matter and file appropriate report. Therefore, with stringent conditions, petition is required to be allowed.
5. Hence, the following:
ORDER Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.135/2019 of R.T. Nagar Police Station, subject to the following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute their personal bonds for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
As the petition is disposed of on merits, I.A. No.1/2019 does not survive for consideration and the same is dismissed.
Sd/-
JUDGE AN/-