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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF JULY, 2018
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.3304 OF 2018
BETWEEN:
SRI CHIDAMBARA PRASAD
S/O SRI ANJANEYA MURTHY PATEL
AGED ABOUT 32 YEARS
R/AT NO.30, C.V.RAMAN ROAD,
KODI, KENGERI
BENGALURU – 560 060
PERMANENT RESIDENT OF
NO.784/14, CHIKKANAHALLY
NEW EXTN., NITUVALLI
DAVANAGERE – 577 004 …PETITIONER
(BY SRI BASAVARAJU P., ADV.)
AND:
THE STATE OF KARNATAKA
KENGERI POLICE STATION
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001 …RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN EVENT OF HIS ARREST IN CRIME NO.94/2018 OF
KENGERI POLICE STATION, BANGALORE CITY FOR THE
OFFENCE P/U/S 498A AND 306 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C.
seeking anticipatory bail in Crime No.94/2018 registered
for the offences under Sections 498A and 306 of the
Indian Penal Code.
2. Heard the learned counsel for the petitioner
and the learned HCGP. Learned HCGP has not filed any
statement of objections, but has orally opposed the
petition.
3. The marriage of the deceased and the
petitioner herein was performed on 3.2.2018. The
deceased was a homemaker. The petitioner was
working as an Executive Engineer in a Japan based
Company called YOKOGAWA. They were residing in a
rented house at Kodipalya, Bengaluru. On 16.2.2018,
while the petitioner was returning home, he found the
door locked from inside. He alerted the neighbours and
on ascertaining that the deceased was found hanging
from the roof, he intimated the parents of the deceased.
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On their arrival, the formalities were conducted. On the
next day, the mother of the deceased lodged a report to
the Police. In the said report, she specifically stated
that the deceased and petitioner were living cordially
and there was no untoward incident whatsoever
between them. However, thirty three days after the
said incident, the father of the complainant gave a
statement before the Police alleging that four days after
the incident, he happened to hear the voice recording
wherein the deceased and petitioner were seen talking
in a raised voice regarding the petitioner going to Japan
on his work.
4. According to the prosecution, the said instance
was the immediate provocation for the deceased to
commit suicide by hanging herself. Having regard to
the above circumstances, in my view, the custody of the
petitioner may not be necessary for the purpose of
investigation into the above allegations.
Accordingly, Criminal Petition is allowed. The
petitioner is directed to appear before the Investigating
Officer within 15 days from the date of this order and
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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.1,00,000/- (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;
d. The petitioner shall not threaten or
allure the prosecution witnesses; and
e. The petitioner shall mark his
attendance in Kengeri Police Station,
Bengaluru City on the 15th of every
calendar month until submission of
the final report.
Sd/-
JUDGE
KNM/-