IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.1706 OF 2017 BETWEEN:
1. SURESH S/O LATE KENCHEGOWDA AGED BOUT 41 YEARS 2. CHIKKATHAYAMMA W/O LATE KENCHEGOWDA CHIKKAVITTALENAHALLI VILLAGE CHANNAPATNA TALUK-671 501 RAMANAGARA DISTRICT. ...PETITIONERS (BY SRI VIJAYAKUMAR S.C., ADV.,) AND:
STATE OF KARNATAKA CHANNAPATNA TOWN POLICE STATION CHANNAPATNA, RAMANAGARA DISTRICT REP.BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-1. ...RESPONDENT (BY SRI S.VISHWAMURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONERS IN CR.NO.86/2016 OF CHANNAPATNA TOWN P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 302, 114 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State.
The petitioners/accused Nos.2 and 3 along with accused No.1 are charge sheeted by the respondent-Police in their Crime NO.86/2016 for the offences punishable under Sections 302 and 114 read with Section 34 of IPC.
2. The case of the prosecution is, the 1st accused who is the brother of 2nd accused and son of 3rd accused committed the murder of his wife Smt Vijayalakshmi on the night of 15.6.2016 by picking up quarrel with her in respect of a property dispute. The role attributed to these petitioners is that they used to quarrel with the deceased along with accused No.1 over property matter and abetted him.
3. Sri S.C.Vijayakumar, learned counsel for the petitioners submits that in fact the prosecution at one stage wanted to give up these petitioners for want of incriminating evidence against them. However, at the time of filing of charge sheet, these petitioners are included as accused Nos.2 and 3.
4. Having regard to the above circumstances, there is no impediment to grant anticipatory bail for a limited period.
Accordingly, petition is allowed. Petitioners are granted anticipatory bail in Crime No.86/2016 registered by the respondent-Police, for a limited period of three weeks.
Within the above period, they shall surrender before the trial Court and move for regular bail.
Until disposal of their bail petition, this order will be in force.
In the event of their arrest within the above period by the respondent-Police, they shall be released on bail on each of them executing a self bond for a sum of Rs.50,000/- with one surety for the likesum.
Sd/- JUDGE PB