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Santhaveeraswamy vs State By Anavatti Police on 22 June, 2018

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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; and

e. 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

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