IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6449/2017 Between:
Shiva, S/o N.Sampangi Aged about 32 years, R/at No.5, 5th Cross, Gandhi Nagar, K.G.Halli, Arabic Collage Post, Bengaluru-560045. …Petitioner (By Sheik Mourthuja B., Advocate) And State of Karnataka, Represented by Kadugondanahalli P.S, State Public Prosecutor, High Court Complex, Bengaluru- 560 001. …Respondent (By Sri S.Vishwamurthy, HCGP.) 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.378/2017 of Kadugondana Halli Police Station, Bengaluru which is registered for the offence punishable under Section 306 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends arrest by the respondent police in their Crime No.378/2017 registered in respect of the offence punishable under Section 306 of IPC.
3. The allegation is, the petitioner married the deceased Smt.Priya two years back and they were living cordially. By the time of the incident she was pregnant for three months. One week prior to the incident she called her mother and told that she does not like to stay in her matrimonial home. On 07.07.2017 she contacted her father and told him that she is feeling to see her mother etc. At 12.00 noon on 08.07.2017 the complainant received information that her daughter accidentally fallen from the second floor and expired due to the injuries.
4. Perused the case diary. The maid working in the house of the complainant has given statement that it was an accidental incident. Even the complainant has not pin pointed this petitioner for the incident. The witnesses/neighbourers have not doubted this petitioner for the incident. As per the PM report, death is due to shock and haemorrhages as a result of head injury sustained.
Having regard to the facts and circumstances of the case, the petition is allowed. Petitioner is granted anticipatory bail in Crime No.378/2017 registered by the respondent-Police for a limited period of three weeks.
Within the above period, petitioner shall surrender before the concerned Court and move for regular bail.
Until disposal of the regular bail petition, this order will be in force.
In the event of his arrest by the respondent-Police within the above period, he shall be released on bail on his executing a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
Sd/- JUDGE MR