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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8413/2017
BETWEEN:
NARASIMHA ACHARYA
S/O LATE NAGAPPA ACHARYA
AGED ABOUT 73 YEARS
R/O THONNASE, ALBADI VILLAGE,
KUNDAPURA TALUK
UDUPI DISTRICT 576201.
…PETITIONER
(BY SRI.RAJU BHAT
SRI YASHWANTH SAJJAN GOWDAR, ADVS.)
AND
STATE OF KARNATAKA
BY SHANKARANARAYANA PS
KUNDAPURA CIRCLE, KUNDAPURA TALUK,
UDUPI DISTICT-576201
REPRESENTED BY GOVT PLEADER,
HIGH COURT BENGALURU
BENGALURU-560001
…RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN
CR.NO.190/2017 OF SHANKARNARAYANA P.S., UDUPI
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DISTRICT FOR THE OFFENCE P/U/S 306,498A R/W 34 OF
IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused
No.2 under Section 439 of Cr.P.C. seeking his release on
bail of the offences punishable under Sections 306,
498A read with Section 34 of IPC, registered in
respondent – police station Crime No.190/2017.
2. Heard the arguments of the learned counsel
appearing for the petitioner/accused No.2 and also 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 other materials placed on
record.
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4. The complaint averments shows that
accused Nos.1 and 2, who are the father and son, were
quarrelling with each other in connection with the
property matter. There is also allegation that accused
No.1 and the petitioner were giving ill-treatment and
harassment to the deceased in connection with the
property matter. The further averments in the
complaint show that, suspicion has been raised that
because of the abetment by the petitioner and his son,
the deceased might have committed suicide. On the
basis of the said complaint, case came to be registered
for the alleged offence.
5. Looking to the very complaint averments,
there are no specific allegation as against the petitioner
that for what reason he used to give ill-treatment and
harassment to the deceased, only vague allegations are
made and the petitioner herein denied the allegations
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and the story of the prosecution contending that he has
been falsely implicated in the case. Petitioner has also
undertaken that he is ready to abide by any conditions
to be imposed by this Court. Petitioner is in custody
since from the date of his arrest. The alleged offence is
also not exclusively punishable with death or
imprisonment for life. Though there are some
allegations against accused No.1, the husband of the
deceased, he has already been granted with bail by the
order of the learned sessions Judge. Petitioner is aged
about 73 years, which fact is not disputed by the
prosecution. Hence, I am of the opinion that petitioner
can be enlarged on bail by imposing reasonable
conditions.
6. Accordingly, petition is allowed.
Petitioner/accused No.2 is ordered to be released on
bail for the offence punishable under Sections 306,
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498A read with Section 34 of IPC, registered in
respondent – police station Crime No.190/2017, subject
to the following conditions:
i. Petitioner has to execute a personal
bond for Rs.1,00,000/- and has to
furnish one surety for the likesum to
the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to appear before the
concerned Court regularly.
Sd/-
JUDGE
BSR