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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2809/2018
Between:
Santhaveeraswamy,
S/o. Channamalaiah Hiremath
Aged about 20 years
Residing at Thoravanda Village,
Soraba Taluk,
Shivamogga District,
Sorabba – 577 429 …Petitioner
(By Sri N. Krishna Murthy, Advocate)
And:
State by Anavatti Police,
Represented by S.P.P.,
High Court of Karnataka,
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.210/2016 of Anavatti Police
Station, Shivamogga District for the offences punishable
under Sections 506, 498A, 306 read with Section 34 of IPC
and etc.,
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This Criminal petition coming on for Orders, this day,
the court made the following:
ORDER
This petition is filed under Section 438 of Cr.P.C.
Investigation is completed and charge sheet is laid for
the offences punishable under Sections 506, 498A, 306
read with Section 34 of IPC.
2. Heard the learned counsel for the petitioner
and the learned HCGP.
3. Learned HCGP has not filed any statement of
objections, but has orally opposed the petition.
4. Learned counsel for the petitioner, at the
outset, submits that the petitioner was not named in the
FIR. No attempt was made to arrest him during the
investigation. It is only in the charge sheet, he has
been implicated as accused No.5. The allegations made
against the petitioner/accused No.5 are totally baseless.
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Hence, he seeks an order of release under Section 438
of Cr.P.C.
5. Perused the charge sheet papers. The case of
the prosecution is that the accused Nos. 1, 2 and 5 did
not give any share of ancestral property to the deceased
instead insulted and abused him and being unable to
bear the humiliation, the deceased, Basavarajayya
committed suicide on 14.12.2016.
6. The circumstances reflected in the charge
sheet, reveal that at the earliest instance, no allegations
were made against the present petitioner. With regard
to the abetment, there is no clear evidence with regard
to the specific instance that amounted to an offence on
the part of the petitioner.
7. Taking into consideration all these facts and
circumstances, the petition deserves to be allowed.
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8. Hence, the following;
ORDER
Criminal petition is allowed. The petitioner is
directed to appear before the trail Court within 15 days
from the date of this order and on his appearance, the
Investigating Officer shall interrogate the petitioner and
shall enlarge him on bail on the same day subject to the
following conditions:-
a. The petitioner shall furnish a bond in a
sum of Rs.1.00 lakh (Rupees One lakh
only) with one surety for the likesum
to the satisfaction of the Investigating
Officer;
b. The petitioner shall appear before the
Investigating Officer as and when
required;
c. The petitioner shall co-operate in the
investigation;
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d. The petitioner shall not threaten or
allure the prosecution witnesses; ande. The petitioner shall mark his
attendance in Anavatti Police Station,
Shivamogga on the 15th of every
month until submission of the final
report.
Sd/-
JUDGE
Av/ds