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Mr M S Swamy vs State Of Karnataka on 12 April, 2018

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.
2

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
3

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

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