Jayaram M. Munishamappa vs State of Karnataka

A.V. Chandrashekara, J.—Heard the learned Counsel for the petitioners and the learned Government Pleader for the Respondent- Police.

Petitioners who are arraigned as accused Nos. 1 to 5 are apprehending arrest at the hands of respondent - Police in a criminal case bearing Crime No. 44/2016 on the file of Old Airport Police Station, Bengaluru. The case is registered against them for the offences punishable under Sections 506,306 and 34 of IPC. Hence, this petition is filed seeking anticipatory bail on their behalf.

The case on hand relates to the suicide committed by a person by name Devraj, step son of Smt. Akkayamma.

It is alleged that Smt. Akkayamma abetted the deceased to commit suicide on 17.03.2016.

Learned High Court Government Pleader has vehemently opposed bail application on the ground that the investigation is in progress which is relating to the abetment to commit suicide and that the deceased has left a death note. It is submitted that these petitioners are required for custodial interrogation. He has also produced some records including the death note left by the deceased.

As could be seen from the records that there were differences between these petitioners and the deceased regarding the partition of the family property and the deceased was not happy about the manner in which he was being treated. Being upset by tire same, the deceased committed suicide. Whether the act of the petitioners comes under the purview of Section 107 of IPC will have to be dealt with after investigation is over.

Petitioners are permanent residents of Bengaluru having roots in the community and they undertake to obey any condition which may be imposed on them by this Court. Second petitioner is aged 76 years and petitioner Nos. 2 and 3 are ladies and the daughters of the second petitioner. Though the offences are exclusively triable by the Sessions Court, they are neither punishable with death nor imprisonment for life. Thus, the apprehension of the learned Government Pleader could be suitably met with by imposing certain conditions.

Accordingly, the following:

ORDER

Bail application is allowed.

Petitioners shall surrender before the I.O. of the jurisdictional police station within twenty days from today and in such event, petitioners shall be released on executing a personal bond in a sum of Rs. 1,00,000/- each with one surety each for the like sum to the satisfaction of the I.O.

Petitioners shall cooperate with the I.O. in conducting investigation.

Petitioners shall attend the police station once in a month on every second Sunday between 9.00 a.m. and 5.00 p.m. without fail till the submission of the final report.

They shall surrender before the Investigating Officer within 20 days from today to execute bond.

Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner and shall not involve in any criminal activities.

If the petitioners violate any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.