Karnataka High Court
CRL.P/9041/2017 of MANJU S @ GURU MANJU Vs THE STATE OF KARNATAKA on 28 December 2017
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE N. K. SUDHINDRARAO CRIMINAL PETITION NO.9041 OF 2017 BETWEEN: MANJU S. @ GURU MANJU S/O. SONNEGOWDA, AGED ABOUT 28 YEARS, OCCUPATION SUPERVISOR, RESIDING AT NO.4, I CROSS, KANAKANAGAR,
IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 28[TH]DAY OF DECEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N. K. SUDHINDRARAO|
CRIMINAL PBRHTITION NO.9041 OF 20
BETWEEN:
MANJU 8. @ GURU MANJU-9/O. SONNEGOWDA,AGED ABOUT 28 YEARS,OCCUPATION SUPERVISOR,RESIDING AT NO.4, [ CROSS,KANAKANAGAR, BANGALORE.
... PRETITIONBR
(BY SRI PRATHEEP K. C., ADV.)
AND:
THE STATEB OF KARNATAKARBPRBESEBENTBD BY DEVARAJBBVANAHALLPOLICE STATION,BENGALURU CITY,REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,HIGH COURT OF KARNATAKA,BANGALORE.
.. RESPONDENT
(BY SRI K. NAGESHWARAPPA, H.C.G.P.)
x XK
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF|CR.P.C. PRAYING TO BNLARGE THE PRTITIONBR ON BAIL IN THERBRVENTOR.HIS|ARRESTIN|CRIMENO.330/2017—OF|DEVARAJEEVANAHALLI POLICE STATION, BENGALURU CITY, FOR.THE OFFENCE P/U/S 306 OF I.P.C.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,|THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioner / accusedunder Section 438 of the Code of Criminal Procedure Code seeking direction to the respondent — Police to release himon bail in the event of his arrest in Crime No.330/2017 foran offence punishable under Section 306 of the IndianPenal Code, 1860.
2. The complaint is lodged on 26-10-2017 by |omt. Jayarathnamma, who is said to be the mother ofdeceased Asha.
3. It is stated in the complaint that deceased Asha was in love with the petitioner. She was very upset and, on enquiry from her mother, deceased Asha revealed thatthe petitioner cheated her. The version of the|complainant is that her daughter was disturbed anddepressed because of the act of the petitioner. Thus,according to her mother, the petitioner loved her daughterbut later snubbed and betrayed her and finally drove herto commit suicide.
4. Learned counsel for the petitioner would submitthat deceased Asha was depressed because her parents,including the complainant, did not allow for marriage ofdeceased Asha with the petitioner on the ground that bothof them belonged to different caste. Thus, there appearsto be a blame game between the complainant and thepetitioner.
Oo. The learned High Court Government Pleaderwould oppose the bail application.
6. The instigation to commit suicide cannot beassessed neither from the angle of the victim nor from theangle of the accused, but the same is to be decided duringa.full-fledged trial. Investigation is said to be going on|and the petitioner is apprehending arrest. In the|circumstances, it is just and proper to grant the relief ofanticipatory bail to the petitioner.|
7. Accordingly, the petition isallowed— Petitioner 1sordered to be released on bail in the event of his arrest inCrime No.330/2017 of the respondent — Police Station foran offence punishable under Section 306 of the IndianPenal Code, 1860, subject to the following conditions:-
1. The petitioner shall execute a personal|bond for a sum of Rs.1,00,000/7-|(Rupees one lakh only) with one|solvent surety for the likesum;
11. The petitioner shall not terrorize thewitnessesOLrtamperwiththeprosecution evidence; and
111. ThepetitionerShallnot.leave.Karnatakaborder|withoutthe|permission of the committal Court. —
sd/-
JUDGE|
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