IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRL.P. NO. 2239/2018
BETWEEN
B P MADHU @ MADHUSUDAN
AGED ABOUT 36 YEARS,
S/O LATE PARAMESH,
R/O BAGEVALU VILLAGE,
HOELNARASIPURA TALUK,
HASSAN DISTRICT – 573 210 … PETITIONER
(BY SRI. P. NATARAJU, ADVOCATE)
AND
STATE OF KARNATAKA
BY K.R.NAGAR POLICE STATION,
K.R.NAGAR TALUK,
MYSURU DISTRICT
REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU – 560 001. … RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.400/2017 OF K.R.NAGAR POLICE STATION,
MYSURU DISTRICT AND IN S.C.NO.346/2017 PENDING ON
THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS
JUDGE, MYSURU FOR THE OFFENCE P/U/S 498(A) AND
302 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This is a petition u/s.439 of Cr.P.C.
2. The petitioner is accused in SC No.346/2017 on
the file of the V Addl. District and Sessions Judge, Mysuru.
He is facing trial in connection with the offences punishable
u/s.498A and 302 of IPC.
3. The complaint was made by one K.S. Anil Kumar
stating that his sister Anusha was given in marriage to the
petitioner and in their wedlock, two female children were
born. The petitioner was unemployed and a victim of
vices. He is leading a life depending completely on his
wife’s income. He used to suspect the fidelity of his wife.
For this reason, he was torturing his wife.
4. On 15.9.2017, the complainant telephoned to the
petitioner and asked him to bring his wife and children as
his father was not keeping good health. It is stated that
on 26.9.2017, at about 9.00 a.m., a relative of the
complainant made a call to him and told that dead body of
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his sister’s child was found in a canal. Reaching that
place, the complainant came to know that the petitioner,
while bringing his wife and children on the motorcycle,
developed an intention to kill his wife and children and
therefore, rode the motorbike into the canal. As his wife
and children drowned into water, he came out swimming.
During investigation, Police recorded the statement of
Nataraj, before whom the petitioner is said to have made a
confession. The said statement also discloses that the
petitioner rode the motorcycle into the canal intentionally
to see that his wife and children should die. The petitioner
also gave voluntary statement.
5. It is argued that the petitioner himself
surrendered before Police and that the petitioner had no
enmity against the children.
6. It is true that the allegations made against the
petitioner are that the petitioner had grouse only against
his wife, as he had suspected her fidelity. Based on the
voluntary statement and the confession made before
Nataraj, it can be said that he wanted to take away the
lives of three persons. But, the voluntary statement and
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the confession statement made before Nataraj cannot be
based at this stage to arrive at a conclusion with regard to
existence of prima facie case. Extra judicial confession can
be believed if it finds corroboration from other evidence.
In the light of this legal position, bail can be granted and
the accused/petitioner be released on bail. Hence, I pass
the following:
ORDER
The petition is allowed. Petitioner shall be
released on bail in connection with Crime No.400/2017 of
K.R. Nagar Police Station for the offence punishable under
section 498A and 302 read with Section 34 of IPC pending
on the file of the V Addl. District and Sessions Judge,
Mysuru in SC No.346/2017, on his executing a personal
bond for a sum of Rs.1,00,000/- with two sureties for the
likesum to the satisfaction of the trial Judge subject to the
following conditions:
(1) He shall regularly appear before the Court
during trial.
(2) He shall not threaten the witnesses and tamper
with the prosecution evidence.
Sd/-
JUDGE
PL*
