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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST 2017
BEFORE
THE HON’BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.5612/2017
BETWEEN:
SRI SRINIVAS S.
S/O SRI SHIVARAJ P.
OCC: PRIVATE EMPLOYMENT
AGED ABOUT 45 YEARS
RESIDING AT NO.59, 1ST CROSS
KODIGEHALLI MAIN ROAD
SRI SATHYA SAI BABA LAYOUT
K.R.PURAM
BENGALURU – 560 036. …PETITIONER
(BY SRI CHANDRASHEKARA K.A., ADV.)
AND:
THE STATE OF KARNATAKA
BY THE KRISHNARAJAPURAM POLICE
STATION, BANGALORE CITY
REP. BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE – 560 001. …RESPONDENT
(BY SRI S.VISHWAMURTHY, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.233/2017 OF K.R.PURAM P.S., BANGALORE FOR THE
OFFENCE P/U/S 306 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner is in judicial custody in Crime
No.233/2017 registered by the respondent/Police in
respect of the offence under Section 306 read with
Section 34 of IPC. During the pendency of this petition,
charge sheet is submitted to the court in respect of the
offences under Sections 306, 498A read with Section 34
of IPC.
2. The case of the prosecution is, the deceased
Sudha was married to the petitioner for 14 years and was
separated from him. Divorce petition is pending between
them. On 16.5.2017, she insisted the petitioner and his
parents to send her son with her for which they refused.
She was manhandled on the road and incited to die.
Frustrated by the same, she committed suicide by
hanging leaving behind the death note.
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3. Since the prosecution case requires to be proved
by circumstantial evidence, the investigation since
complete and the co-accused are granted anticipatory
bail, there is no impediment to allow the petition.
Petition is allowed. Petitioner is enlarged on bail in
Crime No.233/2017 registered by the respondent/Police,
subject to the following conditions:
(i) He shall execute a self bond for a sum of
Rs.1,00,000/- with one surety for the likesum
to the satisfaction of the concerned Court.
(ii) He shall attend the Court regularly on all
hearing dates;
(iii) He shall not threaten the prosecution
witnesses.
Sd/-
JUDGE
KNM/-
