SURESH KUMAR S/O NARAYANA SHETTY v. STATE OF KARNATAKA BY JNANABHARATHI POLICE STATION
2017-02-07
P.S.DINESH KUMAR
body2017
DigiLaw.ai
ORDER : 1. Petitioner-husband is accused No. 1 alleged with offence punishable under Section 306 read with 34 IPC in Crime No. 311/2016 registered by Jnanabharathi Police Station. 2. Heard Sri. Kemparaju, learned counsel for the petitioner and Sri. B. Vishweshwaraiah, learned High Court Government Pleader for the respondent-State. 3. Petitioner married with one N. Bhuvaneshwari, daughter of Complainant. Complainant has lodged the instant complaint alleging that his daughter was harassed and she committed suicide in her matrimonial home. 4. Supporting this petition, learned Counsel for the petitioner argued that the deceased-wife of the petitioner was mentally unstable. He had even lodged a complaint before the very same Police Station on 19.11.2016 alleging that she was not behaving well with him. He has also placed a statement made by the deceased before the Police that she would behave well in future and endeavour to lead a normal life. The allegations of harassment are general in nature and do not specifically point a finger at the petitioner. Petitioner’s learned Counsel also submitted that the petitioner has two young girl children, aged 10 and 6 years, who need to be taken care of. With these submissions, he prays for allowing this petition. 5. Per contra, Sri. B. Vishweshwaraiah, learned HCGP opposes this bail petition on the premise that the death has occurred in the matrimonial home. 6. I have given my careful consideration to the submissions made by the learned Counsel for the petitioner and the learned HCGP and perused the records. 7. The incident has occurred in the afternoon of 27.11.2016. Petitioner had also lodged a complaint against the deceased on 19.11.2016 and she had undertaken to behave well. The complaint by the father of the deceased does not make any specific allegation against the petitioner. The petitioner has two young girls to take care. It is also submitted at the bar that, the petitioner is an Engineer working in a private establishment. 8. In the circumstances, in my view, this petition merits consideration and deserves to be allowed.
The complaint by the father of the deceased does not make any specific allegation against the petitioner. The petitioner has two young girls to take care. It is also submitted at the bar that, the petitioner is an Engineer working in a private establishment. 8. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation and appear before him as and when called upon; (iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10 a.m. & 1 p.m. till the charge-sheet is filed; (iv) Petitioner shall not leave Bengaluru without prior permission of jurisdictional Magistrate till charge-sheet is filed; (v) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (vi) Petitioner shall not involve himself in any criminal activities; (vii) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.