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Barath Kumar B G @ Bharath @ … vs The State Of Karnataka on 23 April, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION NO.1882/2018
BETWEEN:

Barath Kumar B G
@ Bharath @ Nagendra
Kumar Vishwakarma
Aged about 23 years
R/at Bychapura village
Gowribidanur Taluk
Chikkaballapura-561208 … Petitioner

(By Sri Harish Kumar H C, Advocate)

AND:

The State of Karnataka
Through Gowribidanur
Rural Police Station

Represented by
State Public Prosecutor
High Court Building
Bengaluru – 560 001 … Respondent

(By Sri S. Vishwa Murthy, HCGP)

This Criminal Petition is filed under section 438 of
Cr.P.C., praying to enlarge the petitioner on bail in the
event of his arrest in Crime No.356/2017 of Gowribidanur
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Rural Police Station, Chickballapura District for the offence
punishable under Sections 498A and 304B of IPC.

This criminal petition coming on for orders this day,
the Court made the following:

ORDER

This is a petition under Section 438 Cr.P.C. The

petitioner is accused No.1 in Crime No.356/2017

registered by the respondent-police for the offences

punishable under Sections 498A and 304B of IPC.

2. Heard the petitioner’s counsel and the learned

High Court Government Pleader for respondent-State.

3. This case pertains to suicide committed by the

petitioner’s wife, namely, Archana, on 12.11.2017. In the

first instance UDR was registered. When the inquest was

conducted, the mother of deceased gave a statement

that the deceased wanted to come to her house on

11.11.2017; the husband i.e., the petitioner advised her

that it was not proper to travel during night hours and he

would take her in the morning. In fact, he telephoned to
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the mother of deceased and asked her to advise her

daughter. Accordingly, the mother advised her daughter

i.e., the deceased should not to travel during night hours

and she could come to her house on the next day morning.

It is stated that, for this reason, the deceased become

desperate and committed suicide. The further statements

of the father and mother of the deceased were recorded on

20.12.2017. At that time, they implicate the petitioner

that he was harassing their daughter. In the statement

given by the mother at the earliest point of time i.e., at

the time of inquest, nothing is stated about the

harassment. Rather, the mother’s statement discloses

that her daughter was being looked after well by the

petitioner and his parents. Therefore, the truth in the

further statement about harassment cannot be per-se

believed at this stage. Chances of false implication cannot

be ruled-out. Petitioner is available for investigation and

therefore, for all these reasons, I come to the conclusion
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that the petition can be allowed by subjecting the

petitioner to certain conditions. Hence, the following:

ORDER

Petition is allowed.

In the event of arrest of the petitioner by
the respondent-police station, in connection
with Crime No.356/2017, he shall be released
on bail by obtaining from him personal bond
for Rs.1,00,000/- (Rupees One Lakh only) and
furnishing two sureties for the likesum to the
satisfaction of the Investigation Officer. The
petitioner is also subjected to the following
conditions:

i. He shall appear before the respondent-
police for the purpose of investigation,
whenever his presence is necessary.

ii. He shall not tamper with the evidence
collected by the investigating officer

iii. He shall not directly or indirectly threaten
the witnesses

iv. He shall mark his attendance before the
respondent-police station once in a
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fortnight, preferably on Sunday in between
09.00 am and 12.00 noon, till the
investigation is completed.

Sd/-

JUDGE
KMV/-

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