IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON’BLE Mrs. JUSTICE RATHNAKALA CRIMINAL PETITION No.5123/2017 BETWEEN:
1. SRI. SHIVARAM P., S/O LATE SRI. PILLAPPA, AGED ABOUT 72 YEARS, RESIDING AT NO.59, 1ST CROSS, KODIGEHALLI MAIN ROAD, SRI. SATHYA SAI BABA LAYOUT, K.R.PURAM, BENGALURU – 560 036.
2. SMT. JAYAMMA, W/O. SRI. SHIVARAM, AGED ABOUT 68 YEARS, RESIDING AT NO.59, 1ST CROSS, KODIGEHALLI MAIN ROAD, SRI SATHYA SAI BABA LAYOUT, K.R.PURAM, BENGALURU – 560 036.
(BY SRI. ZAHID ALI, ADV.) AND:
STATE OF KARNATAKA, BY KRISHNARAJAPURAM POLICE STATION, K.R.PURAM, BENGALURU CITY – 560 036. REP. BY STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BENGALURU CITY – 560 001.
...PETITIONERS ...RESPONDENT (BY SRI. S. VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.233/2017 OF K.R.PURAM P.S., BENGALURU FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri Zahid Ali, learned counsel for the petitioners and Sri S.Vishwamurthy, learned HCGP for the respondent-Police.
2. The petitioners apprehend arrest by the respondent-Police in their Crime No.233/2017 registered for the offence punishable under Section 306 R/w 34 of IPC.
3. During the pendency of the petition, charge sheet is submitted to the Court arraying them as accused Nos.2 and 4.
4. The case of the prosecution is that the deceased Sudha was married to accused No.1, who is the son of the petitioners herein. During a confrontation between the deceased and the accused persons, she was manhandled and incited to commit suicide. Due to which, she committed suicide in her house leaving behind a death note.
5. Sri Zahid Ali, learned counsel for the petitioners submits that the petitioners were not named in the FIR and their petition for anticipatory bail was rejected by the Sessions Court. If anticipatory bail is granted for a limited period they will surrender before the concerned Court and participate in the proceedings.
6. Having regard to the circumstances, there is no impediment to grant anticipatory bail to the petitioners. The petition is allowed. Petitioners are granted anticipatory bail for a limited period of three weeks. Within this period, they shall surrender before the concerned Court and move for regular bail. Until their bail petition is disposed of in accordance with law by the concerned Court, the benefit of this order shall be in force. In the event of their arrest in Crime No.233/2017 of K.R.Puram Police Station, they shall be released on bail subject to the condition that each of them shall execute a personal bond for a sum of `50,000/- with one surety for the like sum to the satisfaction of the concerned Investigating Officer.
Sd/- JUDGE TL