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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF MARCH 2018
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.1612 OF 2018
BETWEEN
Dayananda,
S/o. Gangadhar,
Aged about 30 years
R/o. K.Palya, Kanakatti,
Donakotti(PO),
Arasikere Taluk,
Hassan District,
…Petitioner
(By Sri. A.N.Radhakrishna, Advocate)
AND
The State of Karnataka,
By Kalasipalya Police,
Bengaluru City,
Represented by
The State Public Prosecutor,
High Court Building,
Bangalore-560001.
…Respondent
(By Sri. K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code praying to enlarge the petitioner
on bail in Crime No.160/2017 of Kalasipalya Police Station,
Bangalore for the offence punishable under sections 498A,
306, 109 of IPC.
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This Criminal Petition coming on for orders this day,
the court made the following:
ORDER
The petitioner is accused No.3 in Crime No.
160/2017 registered by the respondent police for the
offences punishable under Sections 498A and 306 IPC.
2. Heard the petitioner’s counsel and the High Court
Government Pleader.
3. The complaint was made by Nagamma, the
mother of the deceased, namely Deepa. Accused No.1 is
the husband of the deceased. Accused No.2-Kavya is
concubine of accused No.1. For the reason that accused
No.1 developed intimacy with accused No.2, there used to
take place quarrels between the deceased and accused
No.1. Since accused No.1 did not stop going to the house
of accused No.2, the deceased committed suicide. The
allegations against this petitioner is that when the
deceased telephoned to this petitioner and requested not
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to allow her husband to his house, he scolded her. So
from this allegation found in the complaint, the extent of
complicity of this petitioner in the suicide committed by the
deceased has to be proved before the court. At this stage,
it is very difficult to hold that this petitioner also instigated
the deceased to commit suicide. Prima facie materials
against the petitioner are not forthcoming. Hence, the
following order : –
(a) Petition is allowed.
(b) Petitioner shall be released on bail in
connection with Crime No.160/2017 registered
by respondent-police on his executing a bond
for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) and providing one surety for
the likesum to the satisfaction of the trial
Court. The petitioner is also subjected to the
following conditions:
1) He shall regularly appear before the
Court during trial.
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2) He shall not threaten the witnesses
and tamper with the prosecution
evidence.
Sd/-
JUDGE
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