CourtKutchehry.com
High CourtsSingle Bench

Jayamma vs The State of Karnataka

Karnataka High Court · Decided on 31 March 2011 · Citation: (2011) 03 KAR CK 0193

HON’BLE JUDGES
A.S. Pachhapure, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438, 439
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 1787 of 2011
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 385 words

A.S. Pachhapure, J.—The brief facts reveal that Ananda i.e., the son of the complainant-Nagarathna committed suicide on 21.02.2011 and it is alleged that the Petitioners and other accused abused Ananda [deceased] in filthy language and thereby he is said to have committed suicide and the Petitioners are said to be the instigators to commit the suicide.

2.

So far as the Petitioner in the first petition is concerned, she is the mother-in-law of the complainant. As there are general allegations against her stating that she abused the deceased in filthy language, she moved the petition u/s 438 Code of Criminal Procedure, whereas the Petitioners in other cases are uncle and aunt of the complainant moved the petition u/s 439 Code of Criminal Procedure.

3.

Taking into consideration the facts that the offence is punishable with imprisonment for 10 years and further the fact that the Petitioner-Jayamma is apprehending arrest for her non-bailable offence, I am of the opinion that it is a fit case. wherein the bail is to be granted.

In the result, the petitions are allowed. The Petitioner in Crl.P. No. 1737/11 is ordered to be released on bail in the event of her arrest, on her executing a personal bond for a sum of Rs. 50,000-00 with one solvent surety for the likesum to the satisfaction of the arresting authority, whereas the Petitioners in Crl.P. No. 1788/11 are ordered to be released on bail, on their executing a personal bond for a sum of Rs. 50,000-00 each with one solvent surety each for the likesum to the satisfaction of the Magistrate Court, with further following conditions:

1) The Petitioner in Crl.P. No. 1787/11 shall appear before the Police station concerned, within 15 days from today.

2) The Petitioners in both the cases shall be made available for interrogation by a police officer as and when they are required.

3) They shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) They shall attend the Court as and when directed.

5) They shall appear before the concerned Police Station on every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.