Karnataka High Court
Shri. Suresh S/O Laxman Pendari vs The State Of Karnataka on 5 January, 2018
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 5TH DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.102717/2017
BETWEEN
SHRI SURESH S/O LAXMAN PENDARI
AGE: 25 YEARS, OCC: AGRICULTURE,
R/O GUDANATTU, TQ: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.SHRIKANT T.PATIL, ADVOCATE)
AND
THE STATE OF KARNATAKA
R/BY GOKAK RURAL P.S., DIST: BELAGAVI,
R/BY SPP, HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO GRANT ANTICIPATORY BAIL IN
FAVOUR OF PETITIONER IN GOKAK RURAL P.S. CRIME NO.
227 OF 2017 REGISTERED FOR THE OFFENCES PUNISHABLE
UNDER SECTION 306 READ WITH SECTION 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. This petition is filed under Section 438 of Cr.P.C., wherein the petitioner seeks directions to the respondent-Police to release him on bail in the event of his arrest in Crime No.227/2017 of Gokak P.S. for the offence punishable under Section 306 read with Section 149 of IPC.
3. The complaint pertains to the commission of suicide by one Siddappa Meled. Complaint lodged by one Bharati Meled, said to be the wife of Siddappa Meled. Four months prior to this incident, the wife of the complainant's eldest borther-in-law by name Yallawwa had committed suicide, for which there was a settlement in the family to compensate a sum of Rs.10/- lakhs to the children of the said Yallawwa for their maintenance. In this connection there were some misunderstanding between the complainant and the accused persons. On :3: the basis of the complaint, a case came to be lodged in Crime No.227/2017 against the petitioners before Gokak P.S. for the offence punishable under Section 306 read with Section 149 of IPC
4. Learned counsel for the petitioner submits that the petitioner is innocent and he is no way connected with the said offence. Hence, prays for allowing the bail petition.
5. Counter to the submission made by the learned counsel for the petitioner, the learned HCGP submits that before committing suicide, the deceased left written a note nailing the accused persons, who are the cause for his suicide. Hence, he prays dismissal of the bail petition filed by the petitioner.
6. In the context and circumstances of the case, the allegations are to be assessed during the trial and the terms of readmission is in accordance with the facts to constitute the ingredients of abatement to committing suicide. Thus, no prejudice will be caused to the :4: prosecution in case the bail petition is allowed. However, the apprehension of the prosecution would be resolved by imposing conditions. Hence, the following:
ORDER The petition filed by the petitioner under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioner in Crime No.227/2017 of Gokak Police Station registered for the offence punishable under Sections 306 read with Section 149 of IPC, he shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for like sum to the satisfaction of the Investigating Officer subject to following condition:
1. The petitioner shall not tamper or terrorize the persecution witnesses in any manner.
Sd/-
JUDGE Vnp*