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Judgments of Supreme Court of India and High Courts

Sri. Muniraju vs State on 23 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF MARCH, 2018

BEFORE

THE HON’BLE Mr. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.1271/2018

BETWEEN:

SRI. MUNIRAJU
S/O LATE RAMAIAH
AGED ABOUT 46 YEARS
RESIDING AT KUTHAGANAHALLI
SARJAPURA HOBLI
ANEKAL TALUK-560028
BANGALORE DISTRICT.
…PETITIONER
(BY SRI. SIDDAMALLAPPA, ADV.)

AND:

STATE OF KARNATAKA
SARJAPURA POLICE
ANEKAL TALUK
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE-01.
…RESPONDENT
(BY SRI. S. VISHWA MURTHY, HCGP)
….

THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.5/2018 OF SARJAPURA POLICE STATION,
BENGALURU DISTRICT FOR THE OFFENCE P/U/S 498A,
306 R/W 34 OF IPC.
2

THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:-

ORDER

This petition is filed under Section 439 of Cr.P.C.

The petitioner is accused No.1 in Cr.No.5/18 registered

by the respondent-police for the offences punishable

under Section 498A and 306 R/w Sec.34 of IPC.

2. A complaint was lodged by the brother of the

deceased. He stated that the petitioner herein-Muniraju

married his sister Pushpa about 13 years ago. A few

years after the marriage, the petitioner started

harassing his wife. On 07.01.2018 the complainant

took his sister to the petitioner’s house. On 08.01.2018,

at about 11.15 a.m., the complainant received a

telephone call from somebody else and came to know

that his sister had committed suicide by hanging

herself.

3

3. Heard the learned counsel for the petitioner

and the learned HCGP for the State.

4. Though there are allegations that this

petitioner used to harass his wife and consequently she

committed suicide, these aspects need to be proved

before the trial Court. At this stage, I do not find prima

facie material to hold that this petitioner instigated his

wife to commit suicide. The offence punishable under

Section 306 of IPC is neither punishable with death or

imprisonment for life. Bail can be granted to this

petitioner by subjecting him to certain stringent

conditions. Hence, the following:

ORDER

The petition is allowed.

Petitioner shall be released on bail in
connection with Crime No.5/2018 registered
by the respondent Police on his executing
bond for a sum of Rs.1,00,000/- (Rupees
4

One Lakh only) and providing one surety for
the likesum to the satisfaction of the trial
Court. The petitioner is also subjected to
the following conditions:

i. Till completion of investigation, the
petitioner shall not leave jurisdiction of the
Trial Court and he shall cooperate with
police for completion of investigation.

ii. He shall not threaten the witnesses and
tamper with the prosecution evidence.

Sd/-

JUDGE

TL

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