IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1350 OF 2017 BETWEEN:
Sri. S.C. Krishnamurthy S/o late S. Channarayappa Aged about 47 years R/at # 14, Southenahalli Thubagere, Doddaballapura Bengaluru Rural District – 561 203 (By Smt. Tanuja.R., Advocate) AND The State of Karnataka By Doddaballapura Rural Police SPP, High Court of Karnataka Bengaluru – 560 001 (By Sri. S. Vishwamurthy, HCGP) ... PETITIONER ... RESPONDENT 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 Crime No.11/2017 of Doddaballapura Rural Police Station, Bengaluru District, for the offence punishable under Section 306 read with Section 34 of IPC and Section 3(1) (r) (s) of SC/ST (Prevention of Atrocities) Act.
This criminal petition coming on for orders this day, the court made the following:
ORDER Heard Smt. Tanuja, learned counsel for the petitioner and Sri. Vishwamurthy, learned HCGP for the respondent – State.
2. The petitioner is arrayed as accused No.1in a criminal case bearing Crime No. 11/2017 dated 20.01.2017 of Doddaballapura Rural Police Station, Bengaluru District, in respect of the offence punishable under Section 306 read with Section 34 of IPC and Section 3(1) (r) (s) of SC/ST (Prevention of Atrocities) Act, (for brevity ‘The Act’) on the suicidal death of one Mahesha on 20.01.2017. The complaint is lodged by the father of the deceased.
3. The allegation against eh petitioner is that the deceased was under depression. When enquired, he disclosed the name of this petitioner and two others. The accused had included his name in a criminal case as a witness, that made the deceased panic to commit suicide in his house while the inmates of the house had gone out. A death note was found in the house, in which the deceased is alleged to have divulged the reason for the suicide.
4. Perused the contents of the alleged death note.
Wherein the decease alleges that the accused persons were hostile and jealous towards Scheduled Caste community and intended to somehow knock down the members of the community. The contents of the death note on the basis of which the complaint is lodged does not prima facie make out any sort of offence against the petitioner either under the provisions of S.P.C. or under the provisions of ‘The Act’.
5. In that view of the matter, the petition is allowed.
Petitioner is granted anticipatory bail in Crime No. 11/2017 registered by the respondent-police. In the event of his arrest by the respondent – IO, he shall be released on bail on executing a self bond in a sum of Rs. 1,00,000/- (One Lakh Rupees Only) with one surety for the like sum to the satisfaction of the concerned IO.
Sd/- JUDGE Bsv