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Judgments of Supreme Court of India and High Courts

Dayananda vs The State Of Karnataka on 22 March, 2018

1

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

ckl

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