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Judgments of Supreme Court of India and High Courts

Sri Chidambara Prasad vs The State Of Karnataka on 5 July, 2018

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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/-

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