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B P Madhu @ Madhusudan vs State Of Karnataka on 25 April, 2018

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.
2

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
3

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
4

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*

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