IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5159/2019 BETWEEN 1. SRI. C. LOKESH (A-1) S/O LATE M. CHINNASWAMY AGED ABOUT 53 YEARS R/AT NO. 11, 9TH CROSS NAGAPPAREDDY LAYOUT RAMAMURTHY NAGAR BENGALURU – 560 016 2. SRI. A.G. RAJAGOPAL (A-2) S/O LATE A. T. GOVINDARAJU AGED 67 YEARS R/AT NO. 11, I.T.I. LAYOUT A.N. PURA BENGALURU – 560 016 ... PETITIONERS (BY SRI. KEMPE GOWDA C.M , ADVOCATE) AND STATE OF KARNATAKA BY CONTONMENT RAILWAY POLICE BENGALURU BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING COMPLEX HIGH COURT OF KARNATAKA BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, 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.60/2019 OF BENGALURU CANTONMENT RLY POLICE STATION, KARNATAKA RAILWAY FOR THE OFFENCE PUNISHABLE UNDER SECTION 306 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned Counsel for the petitioners, learned High Court Government Pleader for the respondent- State. Perused the records.
2. Brief facts of the case are that the dead body of the father of the complainant was found near Byappanahalli railway bridge. On examination of the dead body, the complainant and the police found a piece of paper of a note book in which the deceased stated that the petitioners and others were responsible for his death. It is also stated in the complaint that some persons by name Akbar, Sathish, Chitt Kumar, Adil, Vijay Seva, Anjanappa were all due in a total sum of Rs.14.00 lakhs to the deceased. It is also stated that the deceased was indebted huge money during his life time for the purpose of doing the grill work in apartments. On the above said allegations, the police have registered a case for the offence punishable under Section 306 of IPC. Even considering the said death note, the reason for implicating the accused persons is not stated. Merely stating that they are responsible would not be sufficient to come to the conclusion that the petitioners are responsible for the said offence. Unless the overt acts and conduct of accused are stated, in order to prove the case of the prosecution which is sufficient to drive the person to commit suicide, the allegation is too vague at this stage. In my opinion, it is just and necessary to enlarge the petitioners on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.60/2019 of Bangalore Cantonment Railway 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 shall execute personal bond for a sum of Rs.50,000/- with one surety 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 the Investigating Officer without prior permission, 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 i.e., 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.
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JUDGE Cs