IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6714 OF 2017 BETWEEN:-
SRINIVASA AGED ABOUT 41 YEARS, R/AT D.NO. 10-31/11E, NEKARA COLONY, KAMMAJE, MANNEBETTU, MANGALURU TALUK, D.K.-575201. ... PETITIONER (By Sri: HARISHA. A.S., ADVOCATE) AND:
STATE BY MULKY POLICE STATION REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU -560001. ... RESPONDENT (By Sri: K.NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.44/2017 OF MULKI P.S., MANGALORE CITY FOR THE OFFENCE P/U/S 306 R/W 34 OF IPC. THE VI ADDL. DIST. AND S.J., D.K., MANGALORE HAS REJECTED THE BAIL PETITION ON 05.07.2017 IN CRL.MISC.NO.597/2017.
THIS CRL.P 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 HCGP for the respondent. Learned HCGP has not filed any statement of objections opposing the petition.
2. A charge sheet has been filed against the present petitioner and three other accused alleging that on the instigation of the accused, the deceased Shobha committed suicide on 03.05.2017 in her house by hanging. The material allegations are that accused No.1 was having cordial relationship with the deceased and this was opposed by the family of the accused. In this background, on 12.4.2017, at about 10.00 p.m., all the accused persons said to have come to the house of the deceased and abused her calling her caste and made unfounded allegations against the deceased which prompted her to commit suicide.
3. The investigation is completed. Having regard to the nature of the allegations made against the petitioner, I do not find that the custodial interrogation of the petitioner is necessary.
4. Hence, the following order:-
Criminal petition is allowed. The petitioner is directed to appear before the Jurisdictional Court within 15 days from the date of this order and on his appearance, he shall be enlarged on bail subject to the following conditions:-
a. The petitioner shall furnish a bond for Rs.1.00 lakh(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court;
b. The petitioner shall not threaten or allure the prosecution witnesses;
Sd/- JUDGE *mn/-