IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.3997/2017 BETWEEN:
Venkateshappa S/o Chowdappa Aged about 53 years Resident of Jigani Village and Hobli, Anekal Taluk, Bengaluru District-562 106.
.. Petitioner (By Sri Mohan Kumar D., Advocate) AND:
The State of Karnataka By Jigani Police Station, Bengaluru District.
Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. .. Respondent (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.76/2015 (C.C.No.107/2016) of Jigani Police Station, Bangalore District for the offence punishable under Section 306 r/w 34 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following :
ORDER This petition is filed by the petitioner - accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of arrest of the petitioner for the alleged offence punishable under Section 306 r/w 34 of IPC registered in respondent Police Station Crime No.76/2015 and now pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC, Anekal, Bangalore Rural District.
2. I have heard the learned Counsel appearing for the petitioner - accused No.4 and the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and the other materials, so also the death note said to have been left by the deceased and perused the two decisions relied upon by the learned counsel appearing for the petitioner filed along with the memo dated 24.10.2017.
4. Brief facts of the prosecution case are that in the complaint it is alleged that complainant is residing in the said address, she married with one Raja 15 years ago, she had two children. Complainant’s husband Raja who was deceased helped his father in his Pooja work in the temple of Lord Shanimahathma. On 30.5.2015 complainant’s husband was hanged in the store room behind the Ravisutha Samudaya Bhavana. The son of the complainant came and informed that the deceased committed suicide by hanging. Earlier the father also filed the report before the police regarding the incident. On the basis of the same UDR No.17/2015 came to be registered. Thereafter a case came to be registered against the petitioner along with other three accused persons.
5. Counsel for the petitioner made the submission that other accused Nos.1 to 3 against whom similar allegations were made were already granted bail by the learned Sessions Judge. He has produced the copy of the said bail order. I have perused the same. Apart from that, looking to the complaint averments it is mentioned by the complainant that deceased borrowed the loan from many persons and even from the present petitioner. When the petitioner asked the deceased to repay the loan amount, the deceased felt that he was insulted and hence he committed suicide by hanging.
6. Perusing the materials on the side of the prosecution and as the accused Nos.1 to 3 were already granted bail under the similar set of circumstances with the same allegations, even on the ground of parity the present petitioner is entitled to be granted with bail. The alleged offence under Section 306 of the IPC is also not exclusively punishable with death or imprisonment for life. Earlier UDR also came to be registered in UDR No.17/2015 under Section 174 of Cr.P.C. Considering all these materials placed on record, it is a fit case to exercise the discretion in favour of the petitioner.
7. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the petitioner on bail in the event of his arrest for the alleged offence punishable under Section 306 r/w 34 of IPC registered in respondent police station Crime No.76/2015, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to co-operate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE ap