IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8728/2018 BETWEEN SRI. SHAM KAMMA, S/O.K.KOTESHWARA RAO, AGED ABOUT 31 YEARS, (ARRAYED AS ACCUSED NO.1) RESIDING AT, HOSAKERA CAMP, HOSAKERA, KOPPAL, KARNATAKA-583268. ... PETITIONER (BY SRI.N.PADMAVATHI, ADV.) AND STATE OF KARNATAKA BY BASAVESHWARA NAGARA POLICE STATION, REP BY S.P.P., HIGH COURT OF KARNATAKA, BANGALORE-560001. ... RESPONDENT (BY SMT. NAMITHA MAHESH.B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.332/2018 REGISTERED BY BASAVESHWARANAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Basaveshwara Nagar Police have registered Cr.No.332/2018 against the petitioner and others for the offence punishable under Section 306 r/w 34 of IPC on the basis of the complaint of Smt.Shobha w/o. deceased Suresh.
2. The said Suresh committed suicide on 23.10.2018 at 5.30 a.m. by hanging himself in his house at Mahaganapathy Nagar.
3. It is alleged that despite the request of the deceased, the petitioner failed to repay the loan of Rs.3,71,000/- due to the deceased, therefore, he committed suicide. The said allegation is made out on the basis of the suicide note allegedly left behind by the deceased against the petitioner. But name of accused No.2 is not found in the said note.
4. There is a delay of two days in delivering the FIR to the Court. The alleged suicide note is already recovered.
The offence is punishable with imprisonment upto ten years. In the circumstance, it is a fit case to grant anticipatory bail with suitable conditions.
5. The petition is allowed. The petitioner is granted anticipatory bail in Crime No.332/2018 of Basaveshwara Nagar Police Station. If he is arrested in the said case, he shall be released on bail subject to the following conditions:
(i) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for his appearance.
(iii) He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) He shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE VM CT-HR