Jagesh vs The State of Karnataka

A.V. Chandrashekara, J.—This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in regard to Crime No. 152/14 of Harihara Rural Police Station of Davanagere District. The offence alleged against these petitioners are punishable under Section 306 of IPC r/w Section 34 of IPC.

As could be seen from the records, a case came to be registered against all these petitioners on the basis of the first information of Vikas son of deceased Basavalingappa on 31.7.2010 at about 10.00 p.m. The gist of the first information lodged before police is that said Basavalingappa had sold paddy to these petitioners on credit basis and hence these petitioners owed money to him. In that regard when said Basavalingappa went near their house demanding payment of the money, the petitioners had refused to pay money and told him to die instead of demanding money is the allegation. Being dissatisfied with their reply Basavalingappa is stated to have committed suicide by consuming the poison.

As could seen from records, deceased was away from the house from 26.7.2014 and died on 30.7.2014. It is not forthcoming as to when Basavalingappa went to these petitioners demanding payment of money. Therefore, it is too premature to believe as to whether alleged reply of the petitioners was really responsible for the deceased to commit suicide.

Though the learned HCGP vehemently opposed the bail application, the learned counsel for the petitioners submitted that the petitioners are permanent residents having deep roots in the society and they unequivocally undertake to abide by the conditions.

Suffice it to say that the offence alleged against the petitioners are neither punishable with death nor life imprisonment though exclusively triable by Court of Sessions.

Accordingly, petition is allowed and anticipatory bail is granted to the petitioners, subject to the following conditions:

(1) Petitioners shall be released on anticipatory bail in the event of their arrest in Cr. No. 152/14 by Harihara Rural Police, on each of them executing a personal bond for a sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the I.O.

(2) Petitioners shall surrender before the jurisdictional police station on or before 29.10.2014, failing which the anticipatory bail granted by this court would automatically stand cancelled. On such surrender, the I.O. may orally interrogate them. Soon after conducting interrogation, he shall release the petitioners on bail, immediately.

(3) Petitioners shall not hold out threats to the prosecution witnesses or attempt to tamper them, in any manner.

(4) Petitioners shall not involve themselves in any criminal activities.