IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF APRIL, 2018
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION No.1634/2018
BETWEEN:
Mr. M.S.Swamy,
S/o. late Savandayya,
Aged about 33 years,
R/at No.19, S-2, 2nd Floor,
Kasthuri Apartments,
Krumbigal Road, Mavalli,
Bengaluru – 560 004. … Petitioner
(By Sri.Hasmath Pasha, Advocate)
AND
State of Karnataka,
By Kalasipalya Police,
Bengaluru City – 560 004. …Respondent
(By Sri.K.Nageshwarappa, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in Crime
No.160/2017 of Kalasipalya Police Station, Bengaluru City,
for the offence p/u/s 498A, 306, 109 of IPC.
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This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
Accused No.1 in Crime No.160/2017 has sought
bail under Section 439 of Cr.P.C. The offences
registered against him and other accused are
punishable under Sections 498A, 306 and 109 of IPC.
2. Heard the learned counsel for the petitioner
and the learned High Court Government Pleader.
3. As per the complaint made by Nagamma,
mother of the deceased, accused No.2 had extra-marital
relationship with accused No.1. It is alleged that this
intimacy between accused Nos.1 and 2, prompted the
complainant’s daughter Deepa to commit suicide.
4. Investigation is completed and charge-sheet
is filed. It is true that this Court rejected bail to the
petitioner while deciding Crl.P.No.230/2018. After the
order in Crl.P.No.230/2018 was passed, the main
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accused i.e. accused No.3 was enlarged on bail. Even in
death notes left by the deceased, the blame is on the
other accused. In these circumstances, I find that this
petitioner can be admitted to bail. Hence, the following:
ORDER
Petition is allowed.
Petitioner shall be released on bail on obtaining
from him a bond for Rs.50,000/- (Rupees fifty thousand
only) and one surety for the likesum to the satisfaction
of the trial Judge. The petitioner is subjected 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
SV